Overview on dismissal under agreement of the parties

Jul, 10 2017

When dismissing employee under agreement of the parties, it is important to follow the procedure of dismissal. Violation may lead to reinstatement of employment and paying to employee compensation in amount of average salary for forced absence. 

 

We would like to draw your attention at some conclusions from court decisions, which will help to avoid mistakes: 

 

  • when terminating employment agreement under agreement of the parties, it is not important who was the initiator. Dismissal may be initiated both by employee and employer; 

 

  • parties cannot unilaterally deny from dismissal under agreement of the parties in case they have already agreed on that and signed appropriate documents. However, employee can do that, if by the moment of dismissal parties have not agreed on amount of compensation; 

 

  • it is illegal to force employee to terminate employment agreement. However, there is no breach if employer gives employee choice to leave the company under his personal will or under agreement of the parties.