Such a decision should not be surprising, given that an RCH is necessarily non-acute in cases where a worker has not entered into such an agreement on a voluntary basis. The initiation of dismissal proceedings at the same time as the negotiation of an RCH is generally considered to be a determining factor in deciding that the worker`s consent is being challenged. Therefore, French employers should be particularly careful not to initiate dismissal proceedings at the time of signing an RCH if they want to avoid the risk of a nullity which implies the financial consequences of unfair dismissal. In the event of an event that was not foreseeable by you or your employer and which makes it impossible to perform the employment contract or which is completely different from the contract originally intended, it is considered a “frustration” by law. However, there are special rules and procedures that your employer must follow to prove frustration, and it is generally not an easy hurdle for the employer to overcome. Below is a summary of how dismissal is carried out by a mutual agreement in two European countries, and you have provided some information that can help international employers. Employment contracts may be terminated by the employer, the worker or by mutual agreement between the two parties. Welcome > Europe > France > The termination of an employment contract by mutual agreement cannot be used as an alternative to dismissal The mutual agreement of both parties may terminate an employment contract, but again, as a worker, you can later say that an unfair dismissal has taken place; the employer must then clearly demonstrate that the agreement was indeed reciprocal (for example. B, the application of a compromise agreement, if both parties agree, after legal consultation, to terminate the employment relationship). 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.
At the end of this period, a party (usually the employer) must send an original copy of the agreement confirming the termination to the employment administration. This must be done within 15 working days. A termination contract is an agreement on which both parties, employers and workers, agree to end a period of employment. On the other hand, getting fired is a unilateral decision. When an employee decides to quit his job and give his opinion, he makes a unilateral decision. Even if the other party does not want to be fired or lose an employee, layoffs or layoffs are effective means of terminating the employment without the other party agreeing. On the other hand, an amicable termination will only take effect if both parties agree on their terms. The labour law does not have a specific provision on reciprocal redundancy agreements.
However, Supreme Court decisions have repeatedly emphasized that reciprocal termination agreements, since they are in accordance with a “cancellation contract,” are governed by the general provisions of the law of obligations with respect to legal status. Skills issues can allow the employer to terminate your employment contract fairly. In the event of competency issues, your employer must demonstrate that after a series of formal meetings, you are unable to meet your employment expectations in any way. Although the dismissal of an employee is possible in order to avoid a possible right to dismissal, dismissal must be treated with great care (even if the employee asks for dismissal!). It is therefore very important to contact Fosters and provide legal advice before initiating dismissal proceedings against an employee.