Employees have the right to change their minds and withdraw from the agreement during a cooling-off period. If the worker does not object, the employer submits the breach agreement to the labour inspectorate. The office verifies the conditions and accredits the breach (if the legal requirements are met and they think the conditions are fair). Once the accreditation is received, the process is completed and the working relationship ends in accordance with the agreed terms. In some European countries, redundancies cannot be carried out unilaterally by the employer without the authorisation of a public authority or an employment tribunal. This process can be very costly and time-saving for the company and does not always guarantee the expected result of termination. That is why, in these countries, the most effective and reliable method of ending a working relationship is mutual cessation. An agreement with an employer is certainly better than being fired, but it could also be a long process for an employee. If, for whatever reason, a worker has to leave work quickly or take a new job, negotiations related to the development of a joint dismissal could take longer than to get your communication back to normal. No reason is required for this type of termination. In other words, they are two parties who wish to terminate their contract on their own terms and without external verification (for example.
B, a judge or an administrative authority) to determine whether there are legitimate grounds for termination. This new procedure for workers wishing to leave the country is aimed at all companies, regardless of their staff, and is implemented by a collective agreement under administrative control. The end of a working relationship can sometimes be an emotional period. That`s normal given the change. However, unlike the process of stopping or dismissing someone, dismissal may, by mutual agreement, constitute a consensual possibility of terminating an employment contract. The offer of these benefits has allowed employers and workers to terminate their contracts without having to face difficult redundancy procedures and transaction agreements (more expensive for employers). Unlike the structure of a good work reference, an end-of-work contract must follow government laws and regulations to be effective. Continue reading to see what are the pros and cons of a joint dismissal. Recommendation: Unless there is an alternative, we recommend that you be careful about reciprocal work allowances, as this could set a precedent at the company level, which could have undesirable consequences in the event of reciprocal work leave. Although flexible, reciprocal termination agreements are far from perfect.
Under the labour code, the employer and the worker, regardless of which party is requesting dismissal, must first have an interview to set the redundancy package and the date of dismissal.