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can someone explain to me what the indemnite is on this, is it similar to severance pay?

I believe it might be, Opas, but I'll ask Mr Thumbers when he gets home. He'll know, don't worry!

Sorry, I didn't see this when you posted it or I'd have tried to find you a reply sooner.

My media naranja said it means it's a "breakage of a contract". This could be used for various breakages, I guess.

Blackduff

opas wrote:can someone explain to me what the indemnite is on this, is it similar to severance pay?

Depends on who's ruptured (failed to fulfil) the terms of contract!
If it is the person or company who is the receiver of the contract (like a company which has contracted to install a pool of a certain quality by a certain date, for example) and the company does not fulfill the contractually stated obligations, then that company is by law (which statement should be embedded in the contract clauses) required to forfeit an indemnity to the commanditaire (financier) of the project - i.e. the customer who will pay for the work. In effect, this can even be in case of late contract fulfilment (say, in the example, the pool is installed to standard - but in September instead of April - rendering it useless for the summer period just ended - the company can be obliged to give a reduction in price commensurate with the loss of use for that season - or in case of full payment having been made (which it shouldn't have!!!) to refund a certain proportion (the amount or percentage of which should also have been anchored in the contract before commencement of the work).

There are reverse-type cases where, for example, an employee of a company has taken a contract of employment and failed to fulfil the terms of that contract - e.g. just left the company without notice at a critical period.
In this case, provided stated either in the contract itself, and/or as a standard in law partaining to the particular type of employment concerned, the employer can withhold salary wholely or in part, plus (according to the contract and/or legal requirements in force) demand that the empoyee renders an (additional) indemnity to the employer.
(For example, cost of hiring a replacement in high season).

Last example, in case an employer does not hold to the conditions stated in a contract of employment, the "injured party" (employee) can demand an indemnity from the employer - either directly or via an "instance" like an ombudsman - for whatever has been lost as an effect of the employers action (or non action) within the current law governing the particuler type of employment.

Thanks for that, the situation is that my contract of emplyment is now useless as I childmind and teach english to a little girl who is going to school in september, the contract has to be ruptured, and boy what a rigmarole it is , so all I need to work out now is who is p;aying who the indmnity

I suppose it depends on the type of contract. If it was a temporary or fixed term contract there is unlikely to be any severance pay. If it was permanent, I would have thought there was but that's all I know.

In simple terms (difficult to find in France!) - normally the definition of an indemnity is a payment to the "injured party" by the "injuring party" - or - the one who causes the "suffering" pays the one who "suffers".

If you have broken an employment contract, normally it will be the employer who presents him/her/itself as the "injured party".

Annaïck told me of a typical case last year where, in the Hotel de la Cité, an experienced barmaid just walked out mid July without any notice, leaving the others (working shifts) to make up the missing position by prolonging their own shifts or missing planned days off.

The hotel claimed an indemnity from the barmaid for the "upset" caused, both to the hotel itself and to the staff concerned who had to "cover" for her until a replacement could be found and trained.
In practice that didn't happen as with a deluxe hotel, a bar person needs a little more experience than from a brasserie - especially in "psychology" when handling clients - many of whom are the stars of the festival de la Cité and they couldn't find any suitable replacement before season's end!!

This year the same lady decided she wanted to work again at Hotel de la Cité. Unfortunately for her, she will never find a job there again as she has been (legally) barred as potential employee - motive: untrustworthy. That was part of the indemnity, according to the court decision.

looks like i am quids in then, as i cannot stop the child from going to school can I

Party on the 26th July chez moi