France: The signing of a second mutally agreed termination (rupture conventionnelle) after refusal by the authorities requires a new cooling-off period

If, following a labour administration’s refusal to approve a mutually agreed termination agreement, an employer and employee sign a second agreement that corrects certain points that were incorrect in the first version of the document (such as the statutory indemnity), the employee is entitled to a new cooling-off period. The parties need to wait 15 days before submitting the new agreement to the labour administration for approval. Failing this, the second agreement is invalid. The takeaway is that a new document triggers a new waiting period.