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  • 10. April 2021

    Leaving By Mutual Agreement

    In addition, the effects of dismissal on a worker`s mental health may also undermine a reciprocal dismissal agreement (Cass Soc, May 16, 2018, 16-25.852). In the settlement agreement, there is my „reason for withdrawal“ – must it be true? Some types of redundancy by mutual agreement are: leaving a job on less favourable terms is never ideal — and this can scare you very much if you are looking for other jobs. While leaving because of „mutual separation“ — where both parties agree that it is better for you to finish the job — is better than just a layoff, it can still be unpleasant to talk about it during a job interview. As with all aspects of the application process, look for ways to minimize the damage and paint yourself in the best possible light. The parties sign three copies of the original agreement: one for the employer and one for the worker and one for the employment service. This is an essential condition for the courts; if a staff member can prove that no original copies have been made available to them, the termination is null and void (Cass Soc, March 7, 2018, No. 17-10.963). A transaction agreement is essentially an opportunity for you and your employer to decide on „sub-companies“ on certain agreed terms. Under the terms and conditions, you waive your right to claim (or drop) against your employer. Transaction agreements can also be used to terminate your employment and can settle an outstanding claim that you file in an employment tribunal or tribunal. The labour law does not have a specific provision on reciprocal redundancy agreements.

    However, Supreme Court decisions have repeatedly emphasized that reciprocal termination agreements, since they are in accordance with a „cancellation contract,“ are governed by the general provisions of the law of obligations with respect to legal status. You and your employer can offer a transaction contract. Reciprocal termination agreements have resolved some of these problems. However, as a general rule, if you sign a transaction agreement, you should consider that it is a feature of everything that has happened between you and your employer and that you cannot assert rights against them. Although flexible, reciprocal termination agreements are far from perfect. Employment contracts may be terminated by mutual agreement between the parties. The legal basis for mutual termination agreements is rooted in „contractual freedom“ as a constitutional right. The employer and the worker terminate an existing employment contract through a „reciprocal termination contract.“ Think about the motivations and fears of the opponent.


    Verfasst von Stefan Oberhauser

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