The lawyer in terms of transaction and conventional break

איך לעשות זאת, בלוג החוק, הצדק והידע, משרד עורכי דין / יום שני, אפריל 30th, 2018

The articles on the termination of the contract of employment by mutual consent , the transaction and  the negotiated departure raising many comments from readers, it seemed interesting to take stock of the interest of the lawyer in this kind of situation. (employee side, I mean).

Indeed, for a number of you, the cost / return on investment of the lawyer does not appear obvious, especially if the employer seems ready to negotiate a transaction or a conventional break.

I do not return to the difference between these different concepts except to remember that unlike the other two, the transaction is not a mode of termination of the employment contract but a mode of amicable settlement of a conflict, intervening essentially after the break of the contract of employment and whatever the nature of this break (except in case of negotiated departure).

France has not developed a great culture of amicable conflict resolution, unlike the Anglo-Saxon judicial system where according to the US Department of Justice, only an average of 2% of the 100,000 civil files filed each year with the federal courts of first degree are decided by a court decision.

The practice of success fees ( fee-based agreement only based on the result obtained, known as the litis quota pact and strictly prohibited in France) is also relevant, when we know that the operating expenses of a firm can only be assumed in the event of a transaction or conviction of the opposing party (percentage of success fees between 25 and 50%). As an illustration, I refer you to watching the film Erin Brockovich, the only one against all .

In short, let’s go back to labor law. The forums (and my person incidentally) are inundated with requests from employees who, following a dispute with their employer most often, come looking for information on two points: how to encourage the employer to break their employment contract and how much to ask as a transactional indemnity. On this last point, there is a widespread commonplace on the Internet to consider that a transactional indemnity of as many months of salary as years of seniority is a good starting point for negotiation. This assessment is totally inaccurate and often distorts the discussion with the employer.