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). Unlike the structure of a good work reference, an end-of-work contract must follow government laws and regulations to be effective. Continue reading to see what are the pros and cons of a joint dismissal. The end of a working relationship can sometimes be an emotional period. That`s normal given the change. However, unlike the process of stopping or dismissing someone, dismissal may, by mutual agreement, constitute a consensual possibility of terminating an employment contract. In addition, French jurisprudence has recently raised doubts about the application of an individual contract of mutual dismissal when a worker has been declared incapacitated as a result of an accident at work (“unfit”). The Supreme Court of France accepted the validity of a reciprocal whistleblowing agreement reached in such a case, unless there was fraud and consent was effectively given.
However, in this case, the labour inspector requires that the worker receive severance pay at least equal to the amount of compensation provided in the event of dismissal for work-related incapacity. Note that if a contract is terminated, if the other party is not willing to accept the termination, but has found that it has violated a substantial part of the contract, you have reason to terminate the contract for other reasons.