The legal framework for the termination of common consent must guarantee the free consent of both parties, in particular that of the worker. It assumes that termination is done by mutual agreement when a contract is no longer respected, cannot be executed or the company has ceased operations.3 min. Read the joint termination agreement must set the terms of termination, in particular: The contract for termination of common consent only comes into force when it is approved. Although it appears that dismissal may take effect earlier if one of them is chosen by the parties, the worker should be virtually paid and allowed to work at least until probate is obtained. If one party wants to terminate the contract, the other does not, it can create problems with the contracts. In the event of reciprocal termination, there are no adverse or negative consequences, unless the contract affects other contracts. The contract is no longer applicable once terminated. In practice, this means that no threat, pressure or coercion must be exerted against the worker in order to obtain his signature in a reciprocal dismissal contract. It is always possible to accept orally, terminate a contract and terminate compliance with the conditions.
It is recommended that a termination contract be entered into in order to protect yourself in such a case. In order to allow the signing of a reciprocal termination contract pending this new case law, some appelal courts have held that there is no dispute between employers and workers in the decision to end their relationship by signing an agreement and final termination. This condition is intended to prevent this method of dismissal from being used to circumvent the dismissal procedure and to avoid the risk of signing under the pressure of the worker. The Labor administration has just published the application form for an out-of-court dismissal with a workers` representative. It would appear, therefore, that an employer and a workers` representative will be able to enter into a contract to terminate the common consent. However, it is not clear whether prior authorization from the labour inspector is required. The main legal consequences of a contract to terminate consent in terms of homogeneity are: (i) where the worker is not entitled to an old-age pension under a statutory scheme, the severance pay is subject to the same tax exemptions and social security and the same ceilings as appropriate; and (ii) the worker is entitled, under certain conditions, to unemployment benefits. An amicable termination cannot be agreed and it is likely that an amicable dismissal cannot be agreed either, because: the Director`s decision on probate can be challenged by the two contracting parties in an employment tribunal. All appeals must be lodged within one year of the decision. In France, there are now two types of termination contracts: (i) consent termination agreements, which are a new type of agreement under the new law; and (ii) the amicable termination agreements that existed and are still available before the law came into force.
Contracts are legally binding agreements that the parties voluntarily enter into. The parties still have the option of terminating a contract by mutual agreement.