The professionalization contract allows you to alternate work and professional training, and can be terminated under certain conditions. It is necessary to take into account the type of contract (fixed term or indefinite), as well as the moment at which the termination occurs (during or after the trial period).
Break a professionalization contract during the trial period
A trial period , allowing everyone to freely terminate the contract, may be provided for. If there are no more favorable terms in the collective agreement or contract, those indicated by law must be taken into consideration for:
- Contract not exceeding 6 months: 1 day per week and 2 weeks maximum
- Contract of more than 6 months: 1 month maximum
- Workers and employees: 2 months
- Technicians and supervisors: 3 months
- Executives: 4 months
A notice period must be respected. If the termination is at the initiative of the employee : 48 hours before departure beyond 8 days of seniority, and 24 hours before for a seniority of less than 8 days.
If it is a choice of the employer , the employee must be informed within a legal period according to his seniority:
- More than 8 days of presence: 24 hours before
- Between 8 days and 1 month of presence: 48 hours before
- 1 month of seniority: 2 weeks before
- After 3 months of service: 1 month before
There is no notice period if the trial period lasts less than a week
Break a professionalization contract after the trial period
Professional contract in CDI
The indefinite professionalization contract can be terminated in the same way as a normal CDI. It can be a dismissal ( serious fault , incapacity, force majeure), a resignation or a contractual termination . The contract can also be terminated if the employee is hired on a permanent contract. If the employee concerned is a staff representative, the labor inspectorate must authorize termination at the employer’s initiative.
Professional contract in CDD
The fixed-term professionalization contract can be terminated in the same way as a traditional CDD. The termination can be at the initiative of the employer, the employee or both parties. The reasons can be a hiring in CDI, a case of absolute necessity, a serious fault, the incapacity of the employee …