Mutually Agreed Termination Agreement

The employment services only check the deadlines and amounts of the mutual cancellation agreement. At the end of the review, the courts generally find that an agreement cannot be challenged; However, this does not apply to agreements with staff: the procedure was immediately successful and its success continued over time. Thus, no less than 36,600 reciprocal cancellation contracts were signed in May 2018, an increase of more than 5.5% compared to the previous month, against 421,000 signatures in 2017, an increase of 7.8% compared to 2016. An employment contract is an agreement on which both parties, employers and employees, agree to end a period of employment. On the other hand, being fired is a unilateral decision. When an employee decides to resign and dismiss, he or she makes a unilateral decision. Even if the other party does not wish to be fired or lose an employee, layoffs or layoffs are effective means of termating the employment relationship without the consent of the other party. On the other hand, an amicable termination only takes effect if both parties agree on their conditions. The apparent flexibility of using mutual individual termination. Remember that when terminating a contract, if the other party does not agree to the termination, but you have found that they have breached a substantial part of the contract, you may have reasons to terminate the contract for an important reason. Despite its success, the reciprocal cancellation contract is not an infallible solution and is regularly challenged before the Labour Court. Indeed, the Labour Court has jurisdiction to assess the validity of a contract for the authorised reciprocal cancellation of the employment contract of an unprotected worker (i.e. a worker without a staff representative mandate or who has not been appointed by a trade union organisation to participate in collective bargaining, or of a worker who has not participated in the elections of undertakings) and, if necessary, such as dismissal without actual dismissal and non-wage.

1) the reason for reassessing it («dismissal without real and serious cause»). . . .


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