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Art. L1237-11 Labor Code · hand-signed TéléRC form · eIDAS for the annexes

Rupture conventionnelle: what is signed online, and what is signed by hand

The TéléRC homologation form must be dated and signed by hand by the employer and the employee, preceded by “lu et approuvé” (read and approved): this is the rule published by the administration. Everything around it, however, can be signed electronically with eIDAS evidence: invitation to the meeting, meeting minutes, detailed agreement, receipt for full and final settlement. Articles L1237-11 et seq. of the French Labor Code.

Legal framework
Art. L1237-11 Labour Code
Signature level
Handwritten (form) · AES (annexes)
Legal retention
10 years (evidence file)

What is a French mutual-termination agreement?

The rupture conventionnelle is an amicable termination of an indefinite-term French employment contract (CDI), created by the Act of 25 June 2008 and governed by articles L1237-11 to L1237-16 of the French Labor Code. It requires mutual agreement between the employer and the employee, discussed in at least one meeting and then formalized in an agreement signed by both parties. Since 1 April 2022, this agreement is the homologation request form entered on the TéléRC online service, printed, dated and signed by hand. Signing opens a 15-calendar-day withdrawal period for each party, after which the DREETS has 15 working days to homologate; its silence counts as homologation. The employee receives a specific termination indemnity at least equal to the statutory dismissal indemnity and may claim unemployment benefit (ARE) under France Travail conditions.

What electronic signature brings to a rupture conventionnelle

The form stays handwritten

The official TéléRC FAQ is explicit: the form must be dated and signed by hand by the employer and the employee, preceded by the words “lu et approuvé” (read and approved), and the withdrawal period runs from that handwritten signature. No statute and no published ruling authorizes signing it electronically: Certyneo does not replace this step.

A preliminary meeting you can prove

The agreement can only be signed after at least one meeting (art. L1237-12). Have the meeting invitation and the meeting minutes signed electronically: the eIDAS timestamp dates each step and proves that the meeting took place before the form was signed.

Annexes and final settlement signed remotely

A detailed agreement (confidentiality, return of equipment, payment terms) or the receipt for full and final settlement can be signed online, with no appointment. These documents complement the TéléRC form; they do not replace it.

An evidence file archived for 10 years

Every signed document comes with an evidence file: identity of the signers, RFC 3161 timestamp, SHA-256 hash, SMS code verification for advanced signatures. Certyneo archives it for 10 years by default, well beyond the 12-month deadline for challenging the agreement before the labor court (art. L1237-14).

A rupture conventionnelle in 4 steps

What you sign online, what you sign by hand, and the deadlines to meet.

  1. 1. Invite the employee and hold the meeting

    Send the meeting invitation and have the meeting minutes signed online. The employee may be assisted; the contract end date and the specific indemnity are set during this meeting.

  2. 2. Fill in the form on TéléRC

    Enter the request on the TéléRC online service, mandatory since 1 April 2022 (the paper form remains reserved for those who cannot use the online service). Print it in three copies: employer, employee, administration.

  3. 3. Sign the form by hand

    Employer and employee date and sign each copy by hand, preceded by “lu et approuvé” (read and approved). A detailed agreement can be signed online in parallel, with an advanced signature (AES) and SMS code.

  4. 4. Wait 15 days, then request homologation

    The 15-calendar-day withdrawal period runs from the day after the form is signed. When it ends, submit the request on TéléRC: the DREETS has 15 working days and its silence counts as homologation. After the contract ends, have the receipt for full and final settlement signed online.

Frequently asked questions

Can a French mutual-termination agreement be signed electronically?
Not the homologation form. To the question “must the form be signed by hand?”, the official TéléRC FAQ answers “yes”, with the signature preceded by the words “lu et approuvé” (read and approved), and no statute and no published ruling of the Cour de cassation authorizes signing it electronically. The documents around it, however, can be signed online with eIDAS evidence: meeting invitation, meeting minutes, detailed agreement, receipt for full and final settlement.
Which signature level for the supporting documents?
The advanced electronic signature (AES), with SMS code verification and a certificate unique to each signer, suits documents that commit the employer and the employee: detailed agreement, receipt for full and final settlement. A simple signature (SES) is enough for a meeting invitation or meeting minutes. Under the procedure published by the administration, no level of electronic signature replaces the handwritten signature on the TéléRC form.
How does the 15-day withdrawal period work?
The 15-calendar-day period runs from the day after both parties sign the form; if it ends on a Saturday, Sunday or public holiday, it is extended to the next working day. Each party may withdraw by a letter sent by any means that proves the date it was received by the other party (art. L1237-13).
Is a preparatory meeting required?
Yes — article L1237-12 of the Labor Code requires at least one meeting between the employer and the employee, which must take place before the agreement is signed. The employee may be assisted (employee advisor or staff representative); the employee then informs the employer, who may in turn be assisted.
What is the specific mutual-termination indemnity?
At least equal to the statutory dismissal indemnity (1/4 month per year of seniority for the first 10 years, 1/3 beyond — art. R1234-2 Labour Code). Collective agreements may provide a higher indemnity.
Is the employee entitled to unemployment benefits?
Yes, under France Travail (formerly Pôle emploi) conditions: minimum period of work over the reference period, registration as a job seeker, etc. The rupture conventionnelle opens the right to ARE like a dismissal — unlike a resignation. This is the central benefit for the employee.
How does DREETS homologation work?
Since 1 April 2022 (decree no. 2021-1639), the homologation request must go through the TéléRC online service. The form is filled in online, printed in three copies — employer, employee, administration — then dated and signed by hand by both parties before being transmitted. The DREETS then has 15 working days to check that the procedure was followed and that consent was not vitiated. If it does not reply, homologation is tacit.
Are documents signed online enforceable before the labor court?
Yes, as evidence: an advanced signature (AES) is admissible (Articles 1366 and 1367 of the Civil Code) and its reliability is shown by producing the eIDAS evidence file, since the presumption of reliability is reserved for qualified signatures. The validity of the termination itself depends on the TéléRC form signed by hand and on compliance with the procedure. Any challenge to the agreement is time-barred 12 months after homologation (art. L1237-14).

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