The termination of an employment contract by a reciprocal termination agreement means that, in such circumstances, the worker does not benefit from the employment security provisions of Article 18 and the related articles of the Labour Act and introduces an action for reintroducation. However, an agreement with mutual termination may be annulled if there is a corrupt intention of the parties in the performance of the reciprocal termination contract or if a staff member has signed the reciprocal termination contract with a reservation. In the event of the cancellation of reciprocal termination agreements, reinstatement action may be brought if the conditions for the application of the employment security provisions under Article 18 of the Labour Act are met. Constructive discharge: constructive discharge, also known as constructive dismissal or constructive dismissal, occurs when a worker stops under duress and thinks he has no choice but to leave his employer. Often, these tactics are implemented in such a way that the employer does not have to fill out redundancy documents in jurisdictions where there is no job as it sees fit. In addition, workers who leave voluntarily are generally not able to receive unemployment benefits, with a few exceptions. It is customary for workers to accept an offer of dismissal from an employer and leave the organization. Voluntary termination: a voluntary dismissal is made when a staff member resigns of his own will or retires. Send your letter to the other party in accordance with the termination clause of your contract. Legal compensation related to the termination of an employment contract (i.e. severance pay and severance pay) does not in principle apply to valid termination contracts. Nevertheless, the parties can agree on another plan for the payment of such compensation. In addition, when considering the “reasonable benefit” criteria, the Supreme Court ensures that additional compensation and payments are made as a factor affecting the validity of a reciprocal termination agreement.
Voluntary resignation – especially for non-binding reasons — generally disqualifies a worker from unemployment benefits, but there are important exceptions. In most countries, if a worker is dismissed for documented reasons attributable to the employer, benefits are likely to be collected. The worker must be able to prove that the employer has been informed of the situation and has not attempted to remedy it. Other reasons why a state could grant benefits to an outgoing worker are the other reasons: employment contracts may be terminated by mutual agreement between the parties. The legal basis for mutual termination agreements is rooted in “contractual freedom” as a constitutional right. The employer and the worker terminate an existing employment contract through a “reciprocal termination contract.” Dismissal without prejudice: an unprejudiced dismissal means that an employee has been dismissed for reasons other than performance, behaviour or hiring in the workplace, such as in the case of dismissal.