First, a termination contract allows an employer to express its desire to no longer employ a person it cannot or does not want to employ for any reason, without creating an uncomfortable work environment. While in some cases it is necessary to fire someone, it does not allow existing employees to feel as if their jobs are safe. The debate about respect for work by mutual agreement means that your employees feel more respected. Send your letter to the other party in accordance with the termination clause of your contract. 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. The Labor administration only verifies the deadlines and amounts of the reciprocal termination agreement. After review, the courts generally decide that an agreement cannot be challenged; However, this is not the case with agreements with employees: Articles L.1237-11 and, according to the labour code, agree on the procedure for redundancies. Parties to an agreement still have the option of denouncing the agreement by mutual consent. If the contract is no longer respected, if the parties have ceased operations or if the contract can no longer be executed properly, the parties may terminate the contract in writing. The termination does not affect the obligations in the event of a breach of contract that occurred before the end of the contract.
Reciprocal termination agreements have resolved some of these problems. The collective termination agreements are part of the government`s 2017 labour law reform. These came into force on 1 January 2018 (in accordance with Articles L.1237-19 and the Labour Code). The most important condition for the performance of a valid reciprocal termination contract is the existence of «reasonable performance criteria» arising from the court decision. The Supreme Court applies the validity of the reciprocal termination contract to the existence of a reasonable benefit from the worker`s point of view. The main reason for the Supreme Court`s «reasonable utility» criteria in reciprocal termination agreements is that, since the worker is granted termination of the employment contract by the employer with severance pay and severance pay, the preference for another method, which is not more advantageous, cannot be considered appropriate at the normal stage of his life. This is why, in several cases, and particularly in cases where the request for a reciprocal termination agreement is made by an employer, the Supreme Court expects, in addition to the legal rights allegedly paid in the event of dismissal by the employer and not by a reciprocal termination agreement, certain additional benefits equal to «reasonable benefits». Several Supreme Court decisions have invalidated reciprocal termination agreements, effectively terminating the use of «employer termination» in the absence of additional payments or benefits and, as a result, related re-employment remedies have been accepted by the Supreme Court.