A timetable to follow to the day
Once the agreement is signed, each party has fifteen calendar days to withdraw. The approval request can only be sent the day after that period ends, and the labour authority then has fifteen working days to respond. A request sent one day too early is refused.
A payment at least equal to the legal minimum
The payment cannot be lower than the statutory redundancy payment, or the payment provided by the collective agreement where that is more favourable. Check your collective agreement and the employee’s exact length of service, excluding notice.
Free consent
A disagreement between the parties does not rule out a mutually agreed termination. Pressure, a threat of dismissal or harassment, however, vitiate consent: the court then sets the agreement aside, and it takes effect as an unfair dismissal.
Hold at least one meeting, remind the employee that they may be accompanied, and keep a written record of every step.
This article provides general information and does not constitute advice. Every situation calls for its own analysis.
