Dismissal of home-based employee employed by an individual
Verified 11 September 2026 - Public Service / (Prime Minister)
When a individual employer plans to dismiss a home worker hired in CDI: titleContent, he must summon him to a pre-interview and send her a termination letter. Certain deadlines must be respected. The employee may receive a severance payment. We're taking stock of the regulations.
An individual employer may dismiss his employee by CDI: titleContent for any reason constituting a real and serious cause, a gross misconduct or a gross misconduct.
Dismissal procedures for personal motive or for economic motive provided for in the Labor Code are not applicable.
FYI
In the case of a shared custody, the individual employer who decides to break the employment contract shall inform the other family in writing. The termination of one of the employment contracts with one of the families entails a modification of the contract concluded between the employee and the remaining family.
The 2nd contract is:
- Be amended by agreement between the parties through the conclusion of a endorsement
- Be broken by the individual employer.
Each individual employer who wishes to break the employment contract between him and the employee must initiate proceedings of dismissal.
Step-by-step approach
An individual employer who intends to dismiss an employee must summon him to a prior interview.
This summons is made by letter RAR: titleContent or hand-delivered against discharge.
This letter must contain the following information:
- Purpose of the summons
- Date, time and place of the interview.
A template is available:
The employer must respect a time limit between sending the notice of meeting and the prior interview.
Maintenance can be kept to a minimum from 4e business day from the day after 1re presentation of the registered letter or hand delivery.
Example :
An employee works from Monday to Friday and has his weekly rest on Sunday. There is no public holiday during the week.
If the 1re presentation of the letter takes place on tuesday, the interview may take place not earlier than Monday of the following week. Saturday being a working day, it counts within 4 days.
If the delay ends one saturday, one sunday, one public holiday or unemployed, it is extended to the next business day (for example, if the deadline ends on monday 1er May, it ends on Tuesday).
The interview must take place physically. The employee cannot be assisted.
The employer shall expose the employee to the reasons for the proposed decision and seek explanations therefor.
Recording of the interview is prohibited unless agreed upon by common consent.
If the employee does not attend the interview, the dismissal procedure can still continue.
If it decides to dismiss the employee, the employer writes a letter of dismissal. It specifies the grounds for dismissal.
Please note
In case of death of employer, one right-holder or, in the absence of a successor in title, a third party shall inform the employee of the date of the death of the individual employer as soon as possible in writing.
The individual employer sends the notification dismissal, in writing, to the employee's home address by letter RAR: titleContent.
This notification may take place from 4e business day and no later than the 30the business day, midnight.
These deadlines are calculated from the following days:
- The day after the interview
- Or the day after the scheduled date of the event if it did not take place.
One advance notice is granted to the dismissed employee.
The minimum period of notice depends on seniority with the same employer. The length of service for determining the length of the notice period shall be calculated on the day on which the letter is sent RAR: titleContent.
In some cases, the employee may be exempted from giving notice. They may also be given hours of absence during the notice period to seek employment.
In the event of dismissal for misconduct severe or heavy, the employee is not entitled to notice and is not paid in this case.
Starting point of the notice
Notice begins on day 1re presentation of the letter RAR: titleContent notifying the termination of the employment contract.
Length of notice
Seniority of continuous service of the employee with the same employer | Notice in case of dismissal |
|---|---|
Less than 6 months | 1 week |
From 6 months to less than 2 years | 1 month |
2 years and older | 2 months |
Example :
The date of employment of the employee is January 6 and the date of sending the letter of notification of dismissal is September 5 of the same year.
The length of service to be taken into account in determining the notice period is 8 months. The notice period is therefore 1 month for 6 months to less than 2 years of seniority.
For life assistants who accompany people with loss of autonomy or disabilities, these periods may be extended with the written consent of the employee.
Exemption from notice
The procedure varies depending on whether it is the employer, the employee who makes the request or during a partial waiver of the notice for the employee who has found a job:
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Exemption from notice at the initiative of the employer
The individual employer may waive the employee's notice. In this case, the employee cannot oppose it. The employee receives a compensation for notice for the period of notice not completed.
The period of notice that has not been completed shall be taken into account for the determination of the employee's entitlement to seniority and paid leave.
Waiver of notice at the request of the employee
The procedure varies depending on whether the employer accepts or refuses the request for a waiver of notice:
Employer's agreement
If the individual employer accepts the request for a waiver of notice, the employee does not work. The individual employer shall not pay him compensation in lieu of notice.
Refusal by the employer
If the employer refuses, the employee must give notice.
If the employee does not give notice, the employer may ask the employee to pay compensation equal to the amount of net remuneration corresponding to the length of the notice not given.
The employer must seize the labor court council to get the payment.
Partial waiver of notice for the employee who has found a job
When the employee returns to work during the notice period, the notice period is reduced.
He can, on presentation of proof, cease work with the individual employer once he has performed, at least :
- 1 week notice if the notice period is 1 month or less
- 2 weeks' notice if the notice period is 2 months.
In this case, the employee does not work. The employee is not not paid for the remaining period of notice.
This period of unfulfilled notice is not taken into account for the determination of the employee's rights regarding seniority and paid leave.
Hours of absence during the notice period to seek employment
In order to find a new job, an employee whose working time is at least 40 hours per week is entitled, without a reduction in salary, to leave permits:
Seniority of continuous service of the employee with the same employer | Permitted hours of absence |
|---|---|
Less than 2 years | 2 hours a day for 6 working days |
2 years and older | 2 hours per day for 10 working days |
In the absence of agreement between the parties, the 2-hour periods are taken alternately: 1 day at the choice of the individual employer, 1 day at the choice of the employee. The individual employer and the employee may agree to group all or part of these hours before the end of the notice period.
The employee may receive severance pay and compensation for paid leave.
Severance pay
The employee having at least 8 months of seniority at the individual employer is entitled to severance pay. In the event of dismissal for misconduct severe or heavy, the allowance shall not be paid.
The severance pay shall be equal to:
- 1/4 month's salary per year of service up to 10 years
- 1/3 month's salary per year of service after 10 years.
FYI
The monthly salary raw to be taken into account is the highest average between the 12 and the last 3 months preceding the notification of the dismissal. If the employee's seniority is less than 12 months, the average to be taken into account is that of the months preceding the dismissal.
A simulator allows you to estimate the amount of the minimum severance pay:
Compensatory allowance for paid leave
If there is any unused paid leave remaining on the date of termination of the contract, a compensatory allowance for paid leave is due.
This allowance shall be equal the higher of the 2 amounts :
- Gross remuneration received by the employee for a working time equivalent to that of the remaining paid leave
- 1/10e the gross total remuneration received during the reference year.
Please note
In the event of recourse to Cesu: titleContent, if the leave is paid monthly, it shall not give rise to compensatory allowance.
Termination documents are given to the employee. The deadlines for the delivery of documents vary depending on the situation.
Nature of documents
The individual employer must provide certain documents to the employee at the end of the contract.
The document templates vary depending on the employee's job:
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Childcare
- Work Certificate
- Received for the balance of any account that details the amounts paid when the employment contract is terminated. If the employee has signed the receipt for the balance of any account, he 6 months following the date of signature to contest it.
- France Travail certificate.
A service makes it possible to carry out on the internet the procedures related to the termination of the employment contract:
Other
- Work Certificate
- Received for the balance of any account that details the amounts paid when the employment contract is terminated. If the employee has signed the receipt for the balance of any account, he 6 months following the date of signature to contest it.
- France Travail certificate.
A service allows you to carry out online the procedures related to the termination of the employment contract:
Deadline for submission of documents
The deadlines for the delivery of documents vary whether the employee completes the notice or not:
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Advance notice given
The documents are delivered on the end date of the contract, that is at the end advance notice.
Exemption from notice at the initiative of the employer
The documents are delivered on the end date of the contract, that is at the end the advance notice not given.
Waiver of notice at the request of the employee
Total waiver of notice
Documents are submitted no later than 2 weeks calendars after the last day worked.
A certificate specifying the date on which the employee is free of any commitment may be given by the employer to the employee who requests it.
Partial waiver of notice
Documents are submitted no later than 2 weeks calendars after the last day worked.
A certificate specifying the date on which the employee is free of any commitment may be given by the employer to the employee who requests it.
Please note
When the partial waiver of notice is less than 2 weeks, the documents are delivered on the contract end date, i.e. at the end of the notice period.
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