Mutual Termination Of The Employment Agreement

Recommendation: Unless there is an alternative, we recommend that you be careful about reciprocal work allowances, as this could set a precedent at the company level, which could have undesirable consequences in the event of reciprocal work leave. As mentioned earlier, managing a global workforce can be very rewarding, but it can also pose many challenges, including how best to manage termination. The termination of a worker can be a difficult process for employers, as each country must follow different procedures and rules to end a working relationship. For international employers, it is important to always get the right advice, to know the process and what is growing, before they decide to take action. While the law itself remains silent on this point, the Supreme Court of France requires that the employer provide the worker, at the time of signing, with one of the two original copies of the reciprocal termination contract (6), while the candidate is not terminated at that time, as the employment department has not confirmed the reciprocal termination agreement. This means that the termination is non-acute if the copy of the contract has not been transmitted directly to the employee (7) or after the termination of his employment contract (8). Similarly, a reciprocal termination agreement that does not mention the date of signing renders the termination of the employment contract null and void, as it does not determine the starting point of the 15-day withdrawal period (9). One of the drawbacks for employers who use a redundancy by mutual agreement is that it might take longer to clarify the administrative details about how someone lets go. This requires additional resources, such as time and staff, to develop the details of an agreement. Perhaps the main factor in the success of redundancies was the worker`s ability to receive the same unemployment benefits as those offered to workers after dismissal (despite cases where outgoing workers were considered ineligible for these benefits). We are happy to inform you in a number of places of the end-to-end process that leads to a successful termination. The validity of the mutual termination contract does not depend on some form.

Therefore, a reciprocal termination agreement can be executed either explicitly or implicitly, orally or in writing. In the absence of a form required to be valid, the form of the agreement is of great importance to the evidence. It would therefore be advantageous to implement in writing a reciprocal termination agreement in order to demonstrate the common will of the parties to terminate the employment contract. According to Articles L. 1237-11 and following articles of the French Labour Code, individual reciprocal termination agreements are currently the most successful form of amicable termination of an indeterminate employment contract. However, their apparent lightness is called into question by the intervention of the French Labour Agency (DIRECCTE), which plays an important role in the dismissal procedure.

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