By Mutual Agreement

Other means of terminating employment contracts include the exchange of redundancies between the employer and the worker on statutory deadlines and immediate dismissal for just reasons, with the death of a worker and at the end of the agreed term of fixed-term employment contracts. After 2003, reciprocal termination agreements were widely used in practice to avoid the legal and financial risks associated with invalid dismissal under the provisions of Labour Safety Act 4857. 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. A mutual agreement between the teachers, the site administrator and the superintendent`s representative is required before a tandem assignment can be implemented. 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.

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. When an employment contract is terminated for any reason, all unpaid annual leave is paid to the worker in accordance with section 59 of the Labour Act. Note that “cessation” is not a necessary condition for granting paid annual leave. The employer is required to pay unused annual paid leave in all circumstances of termination of an employment contract, including as part of a reciprocal termination agreement. 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.

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