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Employment & HR · Ending employment

Ending an employment contract by mutual agreement

Termination by mutual agreement is consensual and flexible: employee and employer agree both termination and its date. It is neither resignation nor dismissal and must not conceal a unilateral measure. A well-drafted document prevents disagreements over payments, handover and continuing obligations.

Article 55(b)mutual agreementoffboarding
ConditionGenuine consent of both parties
DateThe mutually agreed date
NoticeDoes not apply automatically; a period can be agreed
01

Why the agreement is not a unilateral decision

Article 55(b) of the Labour Code requires two matching expressions of will. An employee’s request may be accepted or refused, and an employer’s proposal has no effect without acceptance.

Termination occurs on the agreed date. Parties may agree immediate termination or a transition period, but that period is not statutory notice for resignation or dismissal.

02

What documents should clarify

The law prescribes no single form, but writing is essential for proof and implementation. The agreement can distinguish amounts already owed from any additional negotiated sums.

  • the exact termination date and last working day;
  • salary, unused leave, due bonuses and other entitlements;
  • any negotiated compensation and payment conditions;
  • handover of equipment, documents, access and projects;
  • confidentiality, intellectual property and continuing obligations;
  • documents to be issued to the employee.
03

Limits on waiver clauses

Employees cannot validly waive statutory rights, and settlements reducing them are void. General wording such as I have no further claims does not replace identification and payment of established entitlements.

Additional matters may be negotiated and disputes settled within the law, but the document must distinguish mandatory rights from reciprocal concessions and avoid disproportionate clauses.

04

Offboarding and REGES-ONLINE

Termination is recorded in REGES-ONLINE within the applicable deadline, and the file retains the agreement and supporting documents. Documents concerning work and service length are issued to the employee as legally required.

Operationally, the company must coordinate HR, finance, IT and the manager: final calculation, handover, access deactivation, return of assets and data archiving without uncontrolled deletion.

05

How we work together

  1. 01
    Assessment of the situation

    We clarify organisational structure, existing documents, internal practice and risks relevant to termination by mutual agreement.

  2. 02
    Designing the solution

    We establish the appropriate legal mechanism and align it with actual workflows, responsibilities and systems.

  3. 03
    Drafting documents

    We prepare the main document, schedules and implementation instructions coherently and accessibly.

  4. 04
    Implementation and handover

    We review comments, deliver the final version and explain signing, communication, registration or application steps.

QUESTIONS

Frequently asked questions

Must the employer accept the employee’s request?

No. Because the mechanism is consensual, either party may accept or refuse. The employee retains the right to resign under the law.

Is severance mandatory?

It does not arise automatically under Article 55(b). Compensation may be negotiated, provided by applicable agreements or owed on other grounds.

Can the agreement be revoked unilaterally after signing?

Generally not. Consensual amendment or cancellation requires both parties’ agreement, without excluding statutory invalidity grounds that may be raised in court.

Need a termination agreement and offboarding process?

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