Mutual Termination Of Agreement

The Social Chamber of the Supreme Court of France has recently been stricter in regulating the conditions for concluding a reciprocal termination. Subject to the validity of French civil conventions, including valid consent, individual reciprocal termination is in principle free from pressure or coercion. Over the years, the Supreme Court of France has established that a mutual denunciation agreement in a situation of conflict (2), absence due to illness or moral harassment (3) can be effectively signed without the denunciation being de facto non-issue. For example, a worker who considers himself to be a victim of harassment by his employer or co-worker can effectively enter into a reciprocal termination contract. Despite its success, the mutual termination agreement is not a foolproof solution and is regularly challenged in the labour court. Indeed, the labour court is competent to assess the validity of an authorized reciprocal dismissal contract of an unprotected worker (i.e. a worker without a mandate as a staff representative or who has not been appointed by a trade union organisation to participate in collective bargaining or a worker who has not appeared in the company elections) and, if necessary, reclassify him as a serious dismissal without serious cause ("serious dismissal without real cause"). The worker is then entitled to severance pay and damages in this situation. The financial consequences for the company can therefore be significant, particularly in terms of the age, seniority and personal situation of the worker concerned. The validity of the mutual termination contract does not depend on some form. Therefore, a reciprocal termination agreement can be executed either explicitly or implicitly, orally or in writing. In the absence of a form required to be valid, the form of the agreement is of great importance to the evidence. It would therefore be advantageous to implement in writing a reciprocal termination agreement in order to demonstrate the common will of the parties to terminate the employment contract.

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. For the good and valuable consideration, owner, and tenant, agree to terminate the lease/rental contract currently in force and dated. This lease/lease of the property in , will be void and void as soon as the consideration and consideration have been respected, as described below, and this document is executed by all parties. According to Articles L. 1237-11 and following articles of the French Labour Code, individual reciprocal termination agreements are currently the most successful form of amicable termination of an indeterminate employment contract. However, their apparent lightness is called into question by the intervention of the French Labour Agency (DIRECCTE), which plays an important role in the dismissal procedure. Thus, individual termination of the contract for protected workers is authorized by the labour inspectorate (labour inspection), while for unprotected workers (i.e.

workers` representatives, members of the Economic and Social Committee, trade union delegates; Candidates in company elections, employees mandated by a union representative of collective bargaining, union defenders, etc.) it was merely approved by the employment agency.

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