Individual mutually agreed termination: unemployment benefit period soon to be cut to 15 months

On 2 June 2026, Parliament gave final approval to a law (the bill transposing Amendment No. 3 of 25 February 2026 to the memorandum of agreement of 10 November 2023 on unemployment insurance) paving the way for a reduction in the maximum unemployment benefit period following an individual mutually agreed termination (rupture conventionnelle). For employees under 55, that period will fall from 18 to 15 months. The arrangement is due to take effect for mutually agreed terminations concluded from September 2026.

What the text provides

The text consists of a single article, which amends Article L. 5422-2 of the Labour Code. In its current version, that article makes the benefit period subject to two mandatory factors: the person’s age and their previous conditions of professional activity. Undergoing a training course may be added to these on an optional basis. The manner in which the contract is terminated is not taken into account. The law now adds the mutually agreed termination as an optional parameter, which the social partners may, by agreement, take into account in order to adjust that period.

The cap on the benefit period applicable after a mutually agreed termination would thus be as follows:

  • employees under 55: 15 months, instead of the 18 months under the standard regime;
  • employees aged 55 and over: 20.5 months, whereas the standard regime currently provides for two tiers (22.5 months between 55 and 56, and 27 months from 57). They will nonetheless be able to revert to the standard duration after France Travail reviews their situation at the end of 12 months;
  • if the economic situation deteriorates, a renegotiation is provided for in order to adjust these caps.

Timetable and entry into force

Given final approval on 2 June 2026, the law still has to be published. This will be followed by the approval of the amendment, which the Prime Minister will issue by order (arrêté). The new regime would apply to mutually agreed terminations concluded from September 2026.

Scope of the text

The mutually agreed termination procedure itself does not change: only the employee’s unemployment cover is affected. For an employee under 55, these three fewer months of benefit could weigh in the discussion on the amount of the termination payment. The new cap should apply only to terminations concluded after its entry into force.