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”. 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.” Draft letter to the other party. Please indicate that you want to terminate your contract by mutual agreement. Present a list of reasons why you think termination of the contract is the best way for both parties. Ask for an answer that frees you from the agreement. Make sure your agreement has a termination clause.
Many contracts require that all official correspondence between the parties be executed in writing. Note the other party`s address if it is indicated in the termination provision of your contract. If you speak to the other party, respect all the conditions of your termination decision. 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). Contracts are legally binding agreements that the parties voluntarily enter into. The parties still have the option of terminating a contract by mutual agreement. You also have the option to create a new contract. If the contract change is minor, both parties may agree to establish and sign an addition to the existing contract. If the terms are substantially changed, it may be easier to terminate the existing contract and renegotiate a new contract. One way or another, it is best to consult a lawyer. 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). 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.