The apparent flexibility of using individual mutual termination… Other means of terminating employment contracts include the exchange of redundancies between the employer and the worker on statutory deadlines and immediate dismissal for just reasons, with the death of a worker and at the end of the agreed term of fixed-term employment contracts. After 2003, reciprocal termination agreements were widely used in practice to avoid the legal and financial risks associated with invalid dismissal under the provisions of Labour Safety Act 4857. Subject to the validity of French civil conventions, including valid consent, individual reciprocal termination is in principle free from pressure or coercion. Over the years, the Supreme Court of France has established that a mutual denunciation agreement in a situation of conflict (2), absence due to illness or moral harassment (3) can be effectively signed without the denunciation being de facto non-issue. For example, a worker who considers himself to be a victim of harassment by his employer or co-worker can effectively enter into a reciprocal termination contract. 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. As an alternative to dismissal or dismissal, both parties who have signed an employment contract may also agree to terminate their employment relationship with a redundancy contract. This has several advantages for both parties. The Social Chamber of the Supreme Court of France has recently been stricter in regulating the conditions for concluding a reciprocal termination. End-of-work contracts are legal documents that should be prepared by a qualified person. This may be someone in a company`s staff department or legal department.