For more than fifteen years, the conventional termination has established itself as the Swiss army knife of human resources. An amicable, clean separation, without legal fuss or rancor, offering the employee the precious safety net of unemployment insurance. But this Swiss army knife saw its blades seriously dull in 2026.
Between the skyrocketing cost to employers and the marked reduction in the duration of unemployment compensation that came into force in September, the “amicable divorce” in the world of work now requires real preparation. Whether you are a manager wanting to make a transition smoother or an employee looking for a new lease of life, here are the new rules of the game that you absolutely need to know.
1. A cost carried away by the increase in employer contributions
First important change: the financial cost for the employer. Long favored over dismissal followed by a transaction, the conventional termination has become significantly more costly.
Indeed, since the start of 2026, the employer’s contribution to the exempt portion of the termination compensation has increased to 40%, compared to 30% previously. This increase increases the bill for the company and may weigh more heavily in the decision to negotiate a departure.
In short: For each euro of legal or negotiated compensation paid to the employee, the company must pay a significantly higher social security charge. This mechanical increase invites managers and HR managers to quantify with extreme precision the budgetary impact of each departure before initiating discussions.
2. Unemployment insurance: the duration of compensation revised downwards
This is undoubtedly the most impactful shift for employees. Resulting from the law of June 2026 and fully applicable for all ends of contract recorded since September 1, 2026the scale of the duration of unemployment compensation after a conventional termination has been tightened.
While the monthly amount of the Return to Employment Assistance Allowance (ARE) remains unchanged, the number of months of compensation has decreased :
- For employees under 55: The maximum duration of compensation increases to 15 months (compared to 18 months previously).
- For employees aged 55 and over: The ceiling falls to 20.5 months (instead of 22.5 months), although with the possibility of requesting an extension under certain strict conditions from France Travail.
Pay attention to the cutoff date!
Crucial point of vigilance for negotiations: it is not the date of signature of the termination agreement that counts, but the effective date of end of the employment contract. If the approval procedure causes the end of the contract to be postponed after the entry into force of the reform, the new reduced durations apply automatically.
3. More tense negotiations around the table
This double regulatory development profoundly changes the dynamic of discussions between employers and employees.
Employee side: the temptation to over-negotiate
Knowing that their unemployment “safety net” is reduced by several months, employees approach the negotiation with increased demands. Many of them are now seeking to compensate for this loss of future rights with a supra-legal compensation more generous. The argument is accounting: make up for the loss of months of allowance with capital.
Employer side: the obligation of clarity
The employer, for his part, must deal with an increased employer contribution while taking care not to misinform his employee. If it does not have to replace France Travail, presenting the conventional termination as giving the right to the same coverage as before could be perceived as a lack of loyalty during consent.
4. What alternatives to avoid blocking?
Faced with conventional terminations that have become more expensive for companies and less protective for employees, other managerial and HR levers will return to service in 2026.
- Internal mobility and retraining: Before finalizing a departure, many SMEs reassess internal development opportunities. The use of reinforced training systems (such as the Retraining Period) often makes it possible to re-engage an employee in search of meaning.
- Professional immersion (PMSMP): For an employee wishing to change career path, organizing a role-playing period in a professional environment allows them to test an external project before taking the plunge definitively.
- The business creation project (Arce): For those who leave the company to start a business, creation aid remains a powerful lever, with more flexible arrangements in 2026 for certain structures such as SCOPs.
In summary: anticipate to preserve dialogue
In 2026, the conventional termination is no longer the automatic and painless reflex that it may have been. However, it remains a valuable tool for calming work relations, provided it is used methodically.
Thus, for managers and employees alike, a successful departure relies above all on transparency. It is also necessary to precisely quantify the rights of each person and anticipate deadlines. Ultimately, a balanced negotiation allows each party to measure what they gain, but also what they give up.
