Some redundancies are imposed by an employer, including dismissal or dismissal. Other separations, such as retirement or resignation, will be voluntary. A Furlough is a temporary separation from a job. Mutual termination is the simplest and safest way to “let an employee go.” By such a written agreement, the parties can set the preferred termination date (for example. B with immediate effect). Therefore, no notice or other formality is to be respected. Given the general intention of employers to terminate the employment of the worker concerned as soon as possible, the absence of notice of notice would be a great benefit to the company. The most important condition for the performance of a valid reciprocal termination contract is the existence of “reasonable performance criteria” arising from the court decision. The Supreme Court applies the validity of the reciprocal termination contract to the existence of a reasonable benefit from the worker`s point of view. The main reason for the Supreme Court`s “reasonable utility” criteria in reciprocal termination agreements is that, since the worker is granted termination of the employment contract by the employer with severance pay and severance pay, the preference for another method, which is not more advantageous, cannot be considered appropriate at the normal stage of his life. This is why, in several cases, and particularly in cases where the request for a reciprocal termination agreement is made by an employer, the Supreme Court expects, in addition to the legal rights allegedly paid in the event of dismissal by the employer and not by a reciprocal termination agreement, certain additional benefits equal to “reasonable benefits”.
Several Supreme Court decisions have invalidated reciprocal termination agreements, effectively terminating the use of “employer termination” in the absence of additional payments or benefits and, as a result, related re-employment remedies have been accepted by the Supreme Court. On the other hand, when a worker is subject to a reciprocity contract, the payment of legal rights under a reciprocal termination contract – which would not have been paid in the event of ordinary termination – is considered a “reasonable benefit”. As a result, reciprocal termination agreements executed using such a method are generally considered valid. Some redundancies are made by mutual agreement between the employer and the worker. Whether such dismissals are really reciprocal can be a matter of debate.