Ending an employment contract by mutual agreement

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.

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.

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.

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.