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. Although the dismissal of an employee is possible in order to avoid a possible right to dismissal, dismissal must be treated with great care (even if the employee asks for dismissal!). It is therefore very important to contact Fosters and provide legal advice before initiating dismissal proceedings against an employee. 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.” At the end of this period, a party (usually the employer) must send an original copy of the agreement confirming the termination to the employment administration.
This must be done within 15 working days. 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. On the other hand, when a worker is subject to a reciprocity contract, the payment of legal rights under a reciprocal termination contract – which would not have been paid in the event of ordinary termination – is considered a “reasonable benefit”. As a result, reciprocal termination agreements executed using such a method are generally considered valid. The mutual agreement of both parties may terminate an employment contract, but again, as a worker, you can then argue that an unfair dismissal has taken place; the employer must then clearly demonstrate that the agreement was indeed reciprocal (for example.
B, the application of a compromise agreement, if both parties agree, after legal consultation, to terminate the employment relationship). A redundancy contract is an agreement between the employee and the employer to terminate an existing employment contract without notice – when the agreement must be reciprocal. A termination contract is an official document that is used to officially document that all parties in a contract have agreed to terminate. When an employment contract is terminated for any reason, all unpaid annual leave is paid to the worker in accordance with section 59 of the Labour Act. Note that “cessation” is not a necessary condition for granting paid annual leave.