End of the contract: What are your administrative obligations?

End of the contract: What are your administrative obligations?


You separate from one of your employees, whether it is a resignation on his part, a dismissal, a negotiated break, etc. You will have to fulfill a number of formalities and give the employee on departure several documents. This is an important step that formalizes the rupture of the working relationship. Let's take stock of these obligations ...

End of the contract: obligations to know

Give documents. On the occasion of the termination of the employment contract, whatever the motive (even in case of resignation), you must give the employee on departure a number of documents: certificate of work, attestation of employment pole, pay of any account and others (many) mandatory documents that we detail in this form.

How? 'Or' What ? As a matter of principle, these documents are "paid": concretely, they are kept at the disposal of the employee who must therefore come and find them in the premises of the company. Exceptionally, they are "laptops", that is to say that you must send them to the employee if the latter establishes to be unable to come and retrieve them in the company for medical reasons.

End of the contract: give a certificate of work

An obligation. Whatever the reason for the breach of the contract, you must give the employee a certificate of work, at the expiry of the employment contract. Verify that this certificate actually has at least the following mandatory notices:

    the exact coordinates of the employee, as well as those of the employer enterprise;
    the entry and exit dates of the employee (trial period or learning and notice included);
    the nature of employment or, where applicable, successively occupied jobs;
    the period or periods during which CET or these jobs were held;
    Until 31 December 2014, the balance of the number of hours that the employee has acquired in respect of the individual law to the training, and that he did not have used, as well as the corresponding amount (number of hours multiplied by The hourly package set at € 9.15) and the name of the authorized joint collector that is the company (and who is competent to pay the amount allowing the financing of a competency assessment, validation of the acquis experience or training);
    the portability of complementary health and pension guarantees (see infra our developments on the provident portability device);
    Your signature or that of your duly mandated representative.


Otherwise ... you must keep this certificate at the disposal of the employee at the time of the expiry of the employment contract (in practice, he is given to him at the end of the notice). If you fail to do so, you risk the payment of a fine (contravention of the 4th class, the maximum amount of which is equal to € 3,750 for a company). In addition, if the late centers of the certificate causes injury to the employee, you may be sentenced to the payment of damages.
Did you know ?

The judges specified that the late centers of the labor certificate and payslips can not give rise to compensation for the benefit of the employee only if the employee proves the existence of injury.

End of the contract: pay the balance of any account

An obligation. In addition to its last salary newsletter, you must submit to the employee its balance of any account at the end of the employment contract: this is to identify the amounts that must be paid to the employee when breaking his contract. .

Which ones? The following sums will be identified on the receipt: the salary, the paid leave allowance, the premiums, the severance pay, the compensatory compensation of notice, where applicable, the overtime, etc.

A receipt ... Liberation? You must establish a duplicate receipt, of which one of the copies is given to the employee. Know that the latter has the opportunity to challenge this receipt within 6 months, by registered letter with AR (it is not mandatory to mention this deadline on the receipt). It is only at the end of this period that the receipt is truly liberating for the company, but only on the basis of the sums on this receipt.

Starting point for 6 months. To run the 6-month period at the end of which the employee may no longer denounce the receipt for the balance of any account, the latter must contain the date of his signature. It does not matter, however, that it is not written by the employee's hand, as soon as it is certain.