The new measure came into force on 28th July and provides a legal framework for negotiated departure. The negotiation process involves rules which must be observed:
The employee and employer sign a termination agreement to confirm their mutual consent. Both parties have 15 days in which to reverse their decision. The agreement is then sent to the Labour Department for approval. If there is no reply within 15 days, the termination is automatically confirmed.
Employees will at least receive the compensation required by law, exempt from tax, equal to 20% of their monthly salary multiplied by the number of years of service. It is importantto note that employees are entitled to receive unemployment pay.
An appeal may be lodged with the Industrial Tribunal within 12 months of approval of the termination agreement. Vitiated consent may be cited, for example in the event of an error or deceitful practices.
Because any challenge requires proof, a written record of the agreement should be kept (correspondence, the signed contract, etc.) even if no specific method is required for termination by mutual agreement. The existence of a mutual agreement is very valuable in the event of a dispute.
Olivier Pierson
Published on 2008.12.03
Do you want to improve your skills in a particular field ? Do you need a better grasp of a certain software package or an introduction to something completely new? Remember the DIFscheme !
First presented last June, the draft law concerning the rights and obligations of jobseekers has now been adopted.
Trial periods provide an opportunity for employees to adapt to the company’s practices, and offer employers the opportunity to assess new employees’ abilities.
Dismissal for personal reasons is related to the employee, unlike economic redundancy, which is related to the company.
A banker training to be a chocolate maker... That is just one example of the possibilities offered by Individual Training Leave (CIF) scheme, which allows you time away from your job to take the training course of your choice, regardless of the size of your company.
