Posted on April 10, 2021 in
Written by: David B. Honig
In addition, the effects of dismissal on a worker`s mental health may also undermine a reciprocal dismissal agreement (Cass Soc, May 16, 2018, 16-25.852). But it is not just one employer that benefits from this mutual agreement. Employees have more time to discuss their options and abhor them to a fitness that suits them before leaving the workplace. A redundancy contract gives employees time to develop their next stage of employment. It is a less abrupt form of resignation than getting the famous pink note. Finally, the question of whether a worker can waive his right of appeal (right of access to justice) against his employer was decided by the Constitutional Court as not against public order (bonos mores) and, therefore, legally. However, it is important that employers and workers who actually choose to enter into a mutual dismissal agreement, among others, should make such an intention clearly to fully implement the waiver. In order to avoid ambiguities or their partial application, it is recommended that appropriate legal advice be obtained when considering the conclusion of a reciprocal termination contract. It has become common for employers and workers to enter into what is called a reciprocal termination contract, which would result in the termination of an employment relationship between the parties. The conclusion of a reciprocal termination agreement could be motivated by a number of reasons.
In practice, one of the reasons why the parties quickly arrive at an amicable solution and a labour dispute may be proactive. Openings to a reciprocal termination agreement may be the work of either an employer or a worker and, as a general rule, prior to the initiation of a formal workplace investigation (whether it is a disciplinary incapacity or incapacity to work). In her closing statement of reasons, she stated that “the public and our courts have a strong interest in enforcing such agreements. The applicant is bound. If the parties end a full resolution dispute, no one should be released seriously and voluntarily by a company. This is particularly true when, as here, the agreement was reached in favour of the party trying to escape the consequences of its own behaviour. In addition, the Labour administration will refuse to resign if it believes that such a method is merely a means of circumventing public policy legislation. For example, the administration was instructed on the extent of its control when a company used a consensual layoff to avoid the development of a collective redundancy plan, which would have been a much more complex and costly procedure. Articles L.1237-11 and the Labour Code specify the amicable dismissal procedure. Then begins a 15-day period during which one of the parties may decide to withdraw its agreement.
In such cases, the express will to retract must be taken into account, as opposed to receiving the other party`s letter of revocation (Cass Soc, February 14, 2018, No. 17-10.035). Dismissal is carried out by mutual agreement when the employer and the worker can agree to terminate the employment relationship. Subject to the validity of French civil conventions, including valid consent, individual reciprocal termination is in principle free from pressure or coercion.