At the end of a contract, regardless of the type of contract and the reason for the termination (resignation, dismissal, etc.), the employer gives the employee a number of documents.
These documents are essential as they enable the employee to prove that they have worked for the company and, where applicable, to assert their rights.
Important information: employees who have not received the appropriate end-of-contract documents must request them from their employer.
Full and final settlement receipt
The full and final settlement is a document drawn up by the employer, which lists the sums paid to the employee at the time of termination of the employment contract, regardless of the reason. It includes for example:
- Payment in lieu of paid leave.
- Severance pay.
- Payment in lieu of notice if applicable.
The employer establishes the full and final settlement and then sends it to the employee, who acknowledges it by means of a receipt.
This full and final settlement receipt is drawn up in two copies by the employer, one for the employee and one for itself. The employee may choose to sign the receipt or not.
Indeed, the employee may contest the receipt if an error has been made in establishing the full and final settlement. The deadline for contesting the receipt differs depending on whether the employee has signed it or not:
- If the employee has signed the receipt: He or she has a period of six months from the date of signature to contest the sums included in the full and final settlement amount. This period is increased to three years if any sums have been overlooked.
- If the employee has refused to sign the receipt: He or she has a period of one year to contest the sums included in the full and final settlement amount relating to the termination of the contract, two years to contest the sums relating to the performance of the contract, and three years to contest the sums relating to the payment of salaries.
The work certificate is a document drawn up by the employer and given to the employee when the employment contract is terminated, regardless of the reason. It enables the employee to provide evidence of their experience and work within the company.
The work certificate contains the following information:
- Identity of the employer and the employee.
- The employee’s date of appointment and date of departure.
- The nature of the position or positions held successively by the employee, and the dates during which they were held.
- Continuation of the company’s mutual insurance where applicable.
Employer’s declaration for Pôle Emploi
The employer must provide the departing employee with an employer’s declaration, which enables the employee to claim unemployment benefits (Allocation de retour à l’emploi – ARE).
A copy is also sent to Pôle Emploi. This can be done electronically via the employer’s page on the Pôle Emploi website.
To register as a job seeker with Pôle Emploi and receive unemployment benefits if eligible, the employee must provide Pôle Emploi with the employer’s declaration
When to register or re-register with Pôle emploi?