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. Make sure your agreement has a termination clause. Many contracts require that all official correspondence between the parties be executed in writing. Note the other party`s address if it is indicated in the termination provision of your contract. If you speak to the other party, respect all the conditions of your termination decision. 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. Check the terms of your contract to obtain a termination or termination clause. Some contracts are automatically terminated after a fixed term or event, and some may be revoked without the agreement of another party. If your contract is terminated in the near future, you can simply terminate the contract. If your contract has a favourable termination clause, a termination may not be necessary. As an alternative to dismissal or dismissal, both parties who have signed an employment contract may also agree to terminate their employment relationship with a redundancy contract. This has several advantages for both parties. In the Netherlands, employers need the approval of the authorities to dismiss a worker. The management authority reviews the termination conditions in order to authorize or deny termination.
A negotiated agreement with the employee is possible, provided the parties negotiate the terms in a written transaction agreement. All compensation items paid to the worker should be clearly stated in the transaction agreement. The employee has two weeks to reconsider his approval or approval of the transaction contract. 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. First, a termination contract allows an employer to express its desire to no longer employ a person it cannot or does not want to employ for any reason, without creating an uncomfortable work environment.