In short:
- Mutual termination is decided by both parties, resignation by the employee alone.
- Mutual termination gives entitlement to severance pay at least equal to the statutory redundancy payment, resignation to no severance pay.
- Mutual termination gives entitlement to unemployment benefits under conditions, resignation in principle does not, except for a legitimate resignation.
- Mutual termination requires a 15-day withdrawal period followed by approval, resignation requires a notice period.
Mutual termination or resignation: two different approaches
Choosing between mutual termination or resignation means comparing two ways of ending a permanent contract (CDI). Mutual termination (rupture conventionnelle) is based on an agreement between the employer and the employee. Resignation is a unilateral decision by the employee, who must express a clear and unequivocal intention.
Both apply only to permanent contracts. During the trial period of a permanent contract, specific rules apply.
The comparison point by point
| Criterion | Mutual termination | Resignation |
|---|---|---|
| Initiative | Joint agreement between employer and employee | Employee alone |
| Refusal possible | Yes, by either party | No, the employer cannot refuse |
| Formalities | At least one meeting, signed written agreement | No legal procedure imposed, written notice recommended |
| Time limits | Withdrawal period of 15 calendar days, then approval within 15 working days | Notice period set by the collective agreement, the contract or custom |
| Severance pay | At least equal to the statutory redundancy payment | None |
| Sums due in both cases | Salary, compensation for untaken paid leave | Salary, compensation for untaken paid leave |
| Unemployment benefits | Yes, under conditions | In principle no, except for a legitimate resignation |
| Texts | Articles L1237-11 to L1237-16 of the Labour Code | Service-Public guide checked on 8 July 2026 |
The mutual termination procedure
- One or more meetings, during which the employee can be assisted.
- Signature of a written agreement.
- A withdrawal period of 15 calendar days, starting the day after signature.
- A request for approval sent to the administration, which has 15 working days.
- The end of the contract, at the earliest on the day after approval.
Mutual termination is not available during the trial period, nor to employees on fixed-term contracts, temporary agency work or apprenticeships. Each party’s consent must be freely given.
How a resignation works
- The law imposes no particular form. A registered letter or a letter handed over against a signed receipt limits disputes.
- The employee does not have to give reasons.
- A notice period is in principle mandatory. Its length depends on the collective agreement, the employment contract or custom.
End-of-contract documents
In both cases, the employer provides the certificate of employment, the final pay receipt and the certificate for France Travail. The rights recorded in the CPF personal training account remain with the employee.
When a replacement is recruited, the employer goes back through the hiring formalities.
Frequently asked questions
Mutual termination or resignation: what is the difference?
Resignation is a termination of the permanent contract decided by the employee alone, with no severance pay and in principle no entitlement to unemployment benefits. Mutual termination (rupture conventionnelle) is agreed jointly with the employer, subject to an approval procedure, and gives entitlement to severance pay at least equal to the statutory redundancy payment and to unemployment benefits under conditions.
Can the employer refuse a mutual termination?
Yes. Mutual termination requires the agreement of both parties: neither the employer nor the employee can impose it. Conversely, the employer cannot refuse a resignation.
How long does the mutual termination procedure take?
After the agreement is signed, each party has a withdrawal period of 15 calendar days. The administration then has 15 working days to approve the agreement. The contract ends at the earliest on the day after approval.
Sources
- Service-Public, Rupture conventionnelle d’un salarié du secteur privé, guide checked on 26 June 2026, consulted on 4 October 2026.
- Service-Public, Démission d’un salarié, guide checked on 8 July 2026, consulted on 4 October 2026.