At the dawn of 2025, a year marked by the modernization of professional practices and employment relations, understanding the notice periods to be respected becomes essential for all those who are preparing to leave their job or experience a breach of contract. Whether you are an employee or an employer, the rigor in the application of these deadlines guarantees not only compliance with legal obligations, but also the fluidity of transitions within companies, whether they are recognized groups such as Société Générale, Crédit Agricole or major players such as BNP Paribas, LCL, AXA and even companies outside the financial sector such as Orange, SFR, Bouygues Telecom, TotalEnergies or Danone.
Notice, throughout France and in border regions, is part of a fixed but flexible legal framework depending on the nature of the contract, the applicable collective agreement, or the seniority of the employee. It offers double protection: to the employee, by allowing them to plan their departure with peace of mind, and to the employer, by ensuring continuity in the operation and management of teams. This system plays a crucial role, particularly in highly regulated or competitive environments, where every day of activity counts.
This guide invites you to explore point by point the different possible configurations of notice in 2025, to become aware of the specificities linked to the different types of contract termination, and to discover the consequences of non-compliance with these deadlines. Find out how to benefit from a suitable solution, reconciling legal obligations and amicable negotiations, to avoid any dispute. Particular attention will be paid to practical cases and valuable advice, particularly for cross-border workers concerned by health insurance specific to their situation, accessible on health-assurance-frontaliers.com.
The Different Types of Notice Periods to Be Respected in 2025, Depending on the Type of Termination
In 2025, the notice period remains an essential requirement in various situations involving the termination of a permanent employment contract (CDI). It essentially depends on the context of the termination:
- 💼 Resignation : The employee must inform their employer of their intention to leave the company and respect the notice period stipulated by law, the collective agreement, or their contract.
- ⚠️ Dismissal : The employer notifies the employee and must grant them a notice period, which varies depending on their seniority and collective agreements.
- 🤝 Contractual Termination : Often the result of a mutual agreement, this termination provides for a notice period, the length of which must be clearly established between the parties.
- ⏳ End of Trial Period : Although termination does not have the same legal status as resignation or dismissal, a notice period applies. 🧓
- Retirement : An employee who wishes to retire must respect a notice period aligned with that of a dismissal. Each of these cases entails specific conditions, strictly regulated by the Labor Code and company collective bargaining agreements.
Notice period in the event of resignation: rules and procedures
Resignation requires the employee to formally notify the employer, usually by registered letter with acknowledgment of receipt or by direct delivery against receipt. The notice period then begins upon receipt of this notification. Its duration varies:
📅 depending on the employee’s seniority, with thresholds often set at 6 months, 2 years, or more;
- 📜 depending on contractual and collective agreements, which may provide for more favorable durations than the law;
- 🏭 depending on the sector of activity, with local practices possibly occurring in the absence of specific legislation.
- For example, in a company like Danone, where collective bargaining agreements in the food industry often specify a notice period of 1 to 2 months for an employee, while at AXA, framework agreements generally require 3 months for a senior manager. This disparity underscores the importance of consulting the applicable regulations before taking any action.
Notice period in the event of dismissal: variations depending on the reasons
In the event of dismissal, the general rule is to respect a notice period, the length of which is formerly proportional to seniority:
⏰ Less than 6 months of seniority: generally 1 month’s notice;
- ⏰ Between 6 months and 2 years: the length can extend to 2 months;
- ⏰ More than 2 years: notice periods can reach 3 months or even more for some managers.
- Important to note: for serious or serious reasons, such as gross misconduct, the notice period may be waived in favor of immediate termination. This avoids delicate situations, such as those at SFR or Bouygues Telecom, where discipline is particularly strict and departure management must be swift.
If the employer chooses to exempt the employee from serving their notice period, they must pay them compensation equivalent to their net salary and benefits.
Find out everything you need to know about notice periods, a crucial element for understanding your rights and obligations upon contract termination. Get practical advice and useful information to easily navigate this essential phase.
Contractual termination, which is gaining popularity in groups such as BNP Paribas and Société Générale, is characterized by a mutual agreement between employer and employee. The notice period, although variable, must comply with a legal framework and be clearly documented, including:
📝 the effective date of termination of the contract;
- ⏳ the appropriate notice period, often aligned with that of a standard dismissal;
- ⚖️ respect for rights to compensation and paid leave.
- Both parties may also agree to waive the notice period when it serves mutual interests, particularly to ensure efficient transfer and preserve the continuity of ongoing projects.
End of the trial period: an adjusted notice period
During the trial period, termination is facilitated but subject to a notice period, which varies according to:
⏲️ the employee’s length of service with the company;
- 📄 collective agreements and practices in the profession or region;
- 🏛️ the specific clauses of the employment contract.
- Typically, for employees with less than 6 months of service, the notice period is short and may be based on a local agreement. For an employee with a permanent position between 6 months and 2 years, the notice period is approximately 1 month, and can be extended to 2 months beyond 2 years.
Situation 🚦
| Minimum notice period ⏳ | Comments 📝 | Resignation from a permanent contract |
|---|---|---|
| Varies from 1 to 3 months depending on seniority and contract | Registered letter recommended as proof | Dismissal (personal reasons) |
| 1 to 3 months depending on seniority | Serious misconduct: exemption possible | Mutual termination |
| Negotiated duration, often aligned with dismissal | Written agreement required | End of probationary period |
| Varies from a few days to 2 months’ notice | Mandatory notice period | Retirement |
| 1 to 2 months depending on seniority | Exemption often granted | How to effectively respect your notice period in a permanent contract in 2025? |
Respecting the notice period is a sign of professionalism and ethics that ensures a smooth transition. Here are some best practices to adopt:
👌 Continue to perform your duties in accordance with the contract, without neglecting your responsibilities.
- 📅 Arrange your departure in agreement with your employer, respecting the stipulated notice period.
- 📜 Check the terms of your employment contract and the provisions of the collective bargaining agreements applied in groups such as AXA or TotalEnergies.
- 🤝 Use periods of time dedicated to job searching when they are offered by the collective bargaining agreement.
- 📞 Maintain clear communication with human resources to avoid any misunderstandings.
- For example, an Orange employee who respects a 3-month notice period must ensure the transfer of their files to avoid disrupting ongoing activities. Failure to comply with the deadline may result in financial penalties or the obligation to pay compensation to the employer.
Obligations during the notice period: rights and responsibilities
The employee continues to receive their full salary as well as the benefits associated with their position. The law requires that the normal performance of the contract be continued, unless otherwise agreed:
💰 Salary and benefits are retained.
- 🚫 Voluntary reduction of activity or harm to the company is prohibited.
- 📚 Possibility of benefiting from hours to look for a new job, depending on the agreement.
- In certain cases, the employer may offer the employee a full or partial waiver of the notice period, for example in the event of early retirement or exceptional circumstances. The employee will then receive compensation.
Risks and penalties associated with non-compliance with the notice period
Failure to comply with the notice period has several consequences:
📉 An employee may be required by an industrial tribunal to pay compensation covering the employer’s financial loss.
- ⚖️ An employer who fails to comply with the notice period must compensate the employee with the corresponding salary and benefits.
- 💥 Abrupt terminations can negatively impact professional relationships and the employee’s reputation.
- Recent case law reiterates that these benefits do not entitle employees to paid leave, a crucial point for properly handling resignations or dismissals. This rule is confirmed by rulings related to companies such as BNP Paribas and Société Générale, which systematically emphasize compliance with procedures. Party at fault 📉
Possible financial penalty 💸
| Practical example 🏢 | Employee failing to respect notice period | Compensatory compensation equal to the salary paid in the notice period |
|---|---|---|
| Employer Société Générale claims compensation after early departure | Employer failing to respect notice period | Payment of salary + benefits |
| TotalEnergies employee compensated for failure to comply with exemption | Specific cases of exemption and reduction of the notice period to be aware of in 2025 | In addition to the general rules, certain specific situations entitle the employee to a reduction or even exemption from the notice period: |
⚡
Serious or gross misconduct
- : in the event of a serious breach, the employer may immediately terminate the contract. ✂️ Determined incapacity
- : the employee is exempt from the notice period due to physical inability to continue their employment. 🤰 Resignation of a pregnant woman
- : possibility of immediate termination without notice under certain conditions. 🛂 Administrative impediments : incarceration, lack of a residence permit preventing the continuation of work.
- 🤝 Agreement between parties : mutual exemption signed with written proof.
- These specific cases often give rise to questions and disputes. Therefore, it is recommended to consult specialized resources such as assurance-sante-frontaliers.com to obtain a solution tailored to your situation.
Unilateral exemption and its consequences If the employer decides to exempt the employee from working their notice period, the employee retains their rights: 💸 Receipt of salary and usual benefits during the period equivalent to the unpaid notice period;
📅 Possibility of recovering these days without actual work, but paid;
⚖️ Strict compliance with the legislation to avoid any dispute.
- Conversely, the employee cannot impose a notice period longer than that provided for by law, except with a written agreement. The Court of Cassation regularly reiterates that any unilateral change is illegal, except by joint and formal negotiation.
- Procedures to follow when renegotiating or reducing notice
- Finally, without a written agreement between employer and employee, the notice period remains fixed. However, some practices are developing:
🤝 Amicable negotiation during the termination of a mutual agreement or resignation.
📄 Implementation of specific clauses in contracts.
📞 Possible recourse to the labor court in the event of a dispute. Calm management often helps resolve complex situations while protecting the interests of both parties.
- Discover everything you need to know about notice periods: definition, legal duration, impact on termination of employment contract, and practical advice for managing this essential stage of your career.
- https://www.youtube.com/watch?v=IzN7U0MQ5mo
- What are the severance rights upon termination of a permanent employment contract?
The severance payments received vary considerably depending on the termination method and the employee’s situation:
: The employee does not receive any specific severance payments, except for compensatory leave pay, unless the employer waives the notice period.
📉
- Dismissal : Severance pay is mandatory beyond a certain length of service, plus compensatory leave pay. 🤝 Mutual Termination: Termination compensation paid to the employee, often more advantageous than the severance payment.
- 👴 Retirement: compensation proportional to seniority, which can be combined with other benefits. These benefits are essential to mitigate the financial impact of a professional separation. Some large companies, such as Société Générale or BNP Paribas, have internal policies that sometimes guarantee bonuses in addition to the legal minimums.
- Termination Method 🛠️ Main Benefits 💰 Key Conditions 🔑
- Resignation Compensation for Paid Leave No Statutory Severance Pay
Dismissal
| Statutory Severance Pay + Paid Leave | Minimum Required Seniority | Mutual Termination |
|---|---|---|
| Specific Negotiated Compensation | Joint Agreement Required | Retirement |
| Compensation proportional to seniority | Requested by Employee | Find out everything you need to know about notice periods: definition, legal duration, and specific rules depending on the type of contract. Learn how to properly manage your departure or the arrival of a new employee with practical advice and examples. |
| https://www.youtube.com/watch?v=nLLo9f9wFm8 | FAQ on notice periods to be observed in 2025 | ❓ |
| Can you be exempted from the notice period? | Yes, in several cases such as serious misconduct, incapacity, mutual agreement, or certain administrative situations. | ❓ |
❓
- What should you do if the employer refuses to respect the notice period? The employee can refer the matter to the labor court to claim compensation.
❓ - Does the employee have to work during their notice period? Yes, unless exempted, they must perform their duties normally and receive their salary.
❓ - Can the notice period be negotiated? Written consent is required for any changes to the legally or contractually agreed term. To learn more about these points and consult our comprehensive guides, visit
assurance-sante-frontaliers.com - You’ll also find specific information for cross-border commuters, as well as standard letters to help you cancel your health insurance with complete peace of mind, accessible via this link.
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