Mutual agreement is a protection of sexual integrity imposed by the state under penalty of sanctions. The process was immediately successful and its success continued over time. As a result, no less than 36,600 reciprocal termination contracts were signed in May 2018, an increase of more than 5.5% over the previous month, while 421,000 contracts were signed in 2017, an increase of 7.8% over 2016. 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 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. Parties to an agreement still have the option of denouncing the agreement by mutual consent.

If the contract is no longer respected, if the parties have ceased operations or if the contract can no longer be executed properly, the parties may terminate the contract in writing. The termination does not affect the obligations in the event of a breach of contract that occurred before the end of the contract. The parties sign three copies of the original agreement: one for the employer and one for the worker and one for the employment service. This is an essential condition for the courts; if a staff member can prove that no original copies have been made available to them, the termination is null and void (Cass Soc, March 7, 2018, No. 17-10.963). Employment contracts may be terminated by mutual agreement between the parties. The legal basis for mutual termination agreements is rooted in “contractual freedom” as a constitutional right. The employer and the worker terminate an existing employment contract through a “reciprocal termination 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. The Labour Market Act of 25 June 2008 recently celebrated its 10th anniversary. The law introduced a legal procedure for the reciprocal termination of employment contracts.

The collective termination agreements are part of the government`s 2017 labour law reform.