Know my rights
The traditional termination of an employment contract takes place by mutual agreement between the employee and the employer. This type of breach of contract gives entitlement to unemployment benefits. If you want to quit your job, it is better to negotiate a termination of the contract than to quit. Find out below our advice for negotiating a mutual agreement.
Written by Sandra Grace | Posted on 03/07/23 at 2:20 PM
Understand the interests of each party
The employer is not obligated to accept the traditional termination request. It is therefore necessary to negotiate a contractual rupture. This method of termination of the employment contract is favorable for the employee, as it allows him to benefit from severance pay and unemployment benefits.
On the other hand, the benefit to the employer is less clear, because for him the contractual rupture entails the costs of severance pay. The statutory compensation cannot be less than the statutory minimum amount stipulated in the Labor Law. Therefore, it is necessary to convince the employer that parting with you amicably is good for the company.
To this end, prepare your argument in advance. Ask the employer for an interview, then explain your request. for you discomfort at work It may, for example, eventually lead to a loss of efficiency, which could harm the company. You can also get an interesting retraining or business creation project for your own employer …
To determine the terms of a traditional rupture, at least one preliminary interview is required. The two parties freely determine the terms (date, time, place, and means of confirmation). In the termination agreement, the agreed date of departure and the amount of compensation paid are necessarily postponed.
Suggest an appropriate notice to terminate the contract
The notice does not exist in the narrow sense in the context of contractual termination. This term is already reserved for resignation or dismissal (from a few weeks to three months). However, there are still deadlines for legal action. Thus, the withdrawal period of fifteen calendar days starts from the day following the date of signing the agreement.
After this period, if neither party wants to reconsider its decision, the employer sends to the Dreets (Regional Directorate for Economics, Employment, Labor and Solidarity) a copy of the termination agreement in addition to the approval request. The approval period of fifteen working days must then be observed.
Aside from these mandatory deadlines, giving proper notice can be a good way for the employee to accept the employer with a traditional termination. Ideally, this notice should make it possible to find another person to replace you and thus guarantee a professional relocation in good conditions.
Be patient and human. Give your interlocutor the opportunity to return to you.
Find out what’s going on in the company
Find out in advance about the company’s customs, and whether or not there is a group dismissal agreement. Unlike a traditional individual termination, only an employer can offer this type of negotiation. The agreement sets out the terms, including the ones that employees must meet in order to be candidates for termination of collective contracting (RCC).
This agreement also allows the concerned employees to benefit from procedures facilitating external reassignment to equivalent positions:
Publication date: 07/03/2023
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