By Mutual Agreement Of The Parties

The termination of an employment contract by contract of mutual dismissal is not a condition that triggers the right to unemployment insurance under Law 4447 on unemployment insurance. Finally, I would like to say that workers must be explicitly informed before reciprocal redundancy agreements have been concluded and that the mutual and common intentions of workers must be demonstrated in order to reduce the risk of further challenge to the invalid effects of the agreement. Reciprocal termination agreements must be concluded in writing and the principle of a “reasonable benefit” must be taken into account with respect to the rights to be granted to the worker. In particular, the granting of certain material benefits, in addition to ordinary legal compensation, is of crucial importance for the presentation of the principle of “reasonable benefit”. The termination of an employment contract by a reciprocal termination agreement means that, in such circumstances, the worker does not benefit from the employment security provisions of Article 18 and the related articles of the Labour Act and introduces an action for reintroducation. However, an agreement with mutual termination may be annulled if there is a corrupt intention of the parties in the performance of the reciprocal termination contract or if a staff member has signed the reciprocal termination contract with a reservation. In the event of the cancellation of reciprocal termination agreements, reinstatement action may be brought if the conditions for the application of the employment security provisions under Article 18 of the Labour Act are met. Legal compensation related to the termination of an employment contract (i.e. severance pay and severance pay) does not in principle apply to valid termination contracts. Nevertheless, the parties can agree on another plan for the payment of such compensation. In addition, when considering the “reasonable benefit” criteria, the Supreme Court ensures that additional compensation and payments are made as a factor affecting the validity of a reciprocal termination agreement. Parties to an agreement still have the option of denouncing the agreement by mutual consent. If the contract is no longer respected, if the parties have ceased operations or if the contract can no longer be executed properly, the parties may terminate the contract in writing.

The termination does not affect the obligations in the event of a breach of contract that occurred before the end of the contract. Draft letter to the other party. Please indicate that you want to terminate your contract by mutual agreement.


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