legal status: 1 August 2017
Termination of an employment contract by mutual agreement is in practice the most popular form of terminating an employment contract. The possibility of its application results directly from the general principles of civil law and the fact that the basis of an employment relationship is usually a contract concluded by the parties. The applicable provisions give the employer and employee the possibility of freely shaping the content of the employment relationship, provided that this is done within the framework set by mandatory provisions. These restrictions practically do not exist in terms of terminating an employment contract.
Unlike terminating a contract and terminating it without notice, the parties' agreement requires agreement between the employee and the employer. It can only take place if both parties to the employment relationship want it. Their declarations of will in this respect are usually expressed in writing, by writing an annex or agreement. The result is that this form can only be used if the proposed solutions are fully acceptable.
Acceptance of both parties to the employment relationship allows you to flexibly shape the rules for its termination. The date of termination of the contract can be set freely - the notice period thus agreed may be both shorter and longer than that resulting from the generally applicable provisions. Similarly, additional benefits for the outgoing employee - depending on the arrangements, he or she may receive additional remuneration (severance pay) or not. Such an agreement may contain other decisions regarding e.g. entrusted property (car, telephone, computer) etc.
In assumptions, an employee signing an agreement terminating his employment contract acts consciously and understands the consequences of his actions. This means that any evasion of its effects after signing is extremely difficult - the Civil Code requires proof that a declaration of will was made under the influence of error, deception or threat. For this reason, when adopting the proposed terms of the agreement, the employee (since it is the employer who usually proposes its conclusion) should exercise extreme caution.
Many dishonest employers try to force employees to sign an agreement by putting pressure on them (usually by limiting the time to make decisions). This situation should always raise doubts. A key understanding when signing any contracts (especially agreements regarding such an important sphere of life as a professional job) is a full understanding of the content of the adopted condition. If any provisions of the agreement proposed to us are incomprehensible to us or appear to be unfavorable to us, it is best to contact a professional.