"Termination by Mutual Agreement"
In our practice, we often encounter situations where employees inform us of the termination of their employment relationship with their employer, where the employer gives them a "termination by mutual agreement." What does termination by mutual agreement mean according to the law, and what should you be cautious about? You can find out in this post dedicated to employee rights upon termination.
What is Termination of Employment?
An employment contract can be terminated by either the employer or the employee through a notice of termination, as stipulated by law. An employee has the right to terminate the employment contract without providing any reason. In contrast, an employer can only terminate the employee’s contract in situations specifically defined by law. For an employer to issue a notice of termination to an employee, the employer must have a legally valid reason, and this reason must be clearly specified. For the employer, terminating an employee's contract is a rather complex process that involves obligations, such as paying severance.
What is an Agreement to Terminate the Employment Relationship?
An agreement to terminate the employment relationship is a voluntary and bilateral method of ending the employment contract according to the law. It is a contract in which both the employer and the employee agree on the conditions and the date of the termination of their employment relationship. Unlike a notice of termination, both parties must consent, and there does not need to be any of the legally defined reasons on the employer’s side.
What is "Termination by Mutual Agreement"?
"Termination by mutual agreement" does not exist under the law. Legally, "termination by mutual agreement" should be classified as an agreement to terminate the employment relationship. Depending on the circumstances, it may also be viewed as an invalid method of terminating the employment relationship. This means that, as an employee, you could lose the advantages resulting from your legal position against the employer (e.g., the right to challenge an invalid notice of termination, the right to severance, etc.).
Termination by mutual agreement is a method by which the employer and the employee agree to terminate the employment relationship. It is a mutual agreement based on the consent of both parties, meaning both sides agree that the employment relationship will end, and they can set the conditions for this termination.
Did You Know What "Termination by Mutual Agreement" Means?
"Termination by mutual agreement" is a legally misunderstood concept that has no foundation in existing labor law regulations. It is a conceptual construct more closely related to the termination of the employment contract through an agreement.
Follow us also on social media such as Instagram, Facebook, LinkedIn, where we share advice, useful information, and updates from the world of labor law in a simple and understandable way. And feel free to contact us anytime.
We will now take you through a short questionnaire, inviting you to complete a few questions and finally asking you to provide supporting documents.
In the event of a workplace accident, the damage is often not limited to personal injury. Damaged watches, broken mobile phones, or destroyed clothing can impose an additional financial burden in what is already a complex situation. As an employee, you have the right to compensation for damage to your personal belongings in connection with a workplace injury—and in this article, we will explain how to effectively assert this right.
Workplace Injury and Permanent Consequences as an Impact on Employee Health. What Are the Claims for Workplace Injury Compensation? More in Our Article.
Workplace injuries can affect an employee's life not only in terms of health but also financially, with consequences that extend over a longer time horizon. The result may be a prolonged impairment of the employee's work capacity. Initially, the employee operates under the regime of temporary incapacity for work.
Workplace accidents present not only a health risk but also a financial burden for employees. In cases of long-term sickness, employees often rely on sickness benefits, which, however, do not cover the full salary they were receiving from their employer before the workplace accident. If you are injured at work, you are entitled to compensation for lost earnings, which should cover the difference between the sickness benefits you are receiving and the amount you would typically earn from your employer if the accident had not occurred.
O vaše práva zaměstnance se stará Advokátní kancelář Ing. Mgr. Ladislav Šmarda, se sídlem v Olomouci a Praze, ČAK 18060
,
Sign up for our newsletter
