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The most important condition for the performance of a valid reciprocal termination contract is the existence of “reasonable performance criteria” arising from the court decision. The Supreme Court applies the validity of the reciprocal termination contract to the existence of a reasonable benefit from the worker`s point of view. The main reason for the Supreme Court`s “reasonable utility” criteria in reciprocal termination agreements is that, since the worker is granted termination of the employment contract by the employer with severance pay and severance pay, the preference for another method, which is not more advantageous, cannot be considered appropriate at the normal stage of his life. This is why, in several cases, and particularly in cases where the request for a reciprocal termination agreement is made by an employer, the Supreme Court expects, in addition to the legal rights allegedly paid in the event of dismissal by the employer and not by a reciprocal termination agreement, certain additional benefits equal to “reasonable benefits”. Several Supreme Court decisions have invalidated reciprocal termination agreements, effectively terminating the use of “employer termination” in the absence of additional payments or benefits and, as a result, related re-employment remedies have been accepted by the Supreme Court. On the other hand, when a worker is subject to a reciprocity contract, the payment of legal rights under a reciprocal termination contract – which would not have been paid in the event of ordinary termination – is considered a “reasonable benefit”. As a result, reciprocal termination agreements executed using such a method are generally considered valid. 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.
Incorrect dismissal: Irregular dismissal occurs when an employee is dismissed for illegal reasons or if the employee`s dismissal is contrary to company guidelines. Discrimination, complaints about problems in the workplace and reluctance to commit an illegal act on behalf of the worker are other common examples. In France, an employer cannot unilaterally dismiss a worker unless there is a very serious reason for wanting to resign, such as serious misconduct, theft or violent behaviour. Apart from that, when they decide to resign, the most reliable method of ending a working relationship is by mutual agreement.