The Labour Tribunal found that the separation agreement between the parties constituted a valid concession and rejected his application. The employee then went to the labour court. The Labour Tribunal decided that a separation agreement should be considered legally in the same way as any other agreement. 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. Employers often use the promise of severance pay to recruit top talent and encourage performance.
So while this may seem counter-intuitive, the best time to negotiate a separation agreement is often when you agree to join a company rather than when you decide or are forced to leave. (Indeed, an important part of any contract negotiation is how the parties will act when they separate.) 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. Two important considerations to consider in the development of the agreement are when an agreement takes effect and whether or not a «cooling period» is included in the treaty. As a general rule, employers propose partial (if not exclusive) separation agreements to obtain a release and waiver of the rights of the outgoing worker.