Breaking an employment contract is never an easy task, and depending on the situation, several solutions may be available to you. In the case of a permanent contract, the best procedure is termination by mutual agreement. It allows you to terminate an employment contract amicably and requires the mutual agreement of the employer and the employee. The termination by mutual agreement procedure involves a multitude of steps and can sometimes take a considerable amount of time. Find out today how long these different steps take.
What is the response time for a mutual termination agreement from the employer?
Initiating the process for a mutual termination is never easy. However, it is the only solution in certain situations. Obtaining an agreement between both parties, employee and employer, can drastically speed up this process.
If, as an employee, you wish to initiate the process for mutual termination, there are no formalities required by law. You can make a simple oral request to your employer, or opt for a written request with acknowledgment of receipt.
After your request, there is no specific deadline forcing the employer to respond. No law describes a maximum time limit for this type of situation. The employer can also decide to reject the employee's request. Indeed, the agreement of both parties is necessary for a mutual termination. A 15-day period is often wrongly considered to be imposed on the employer to respond to the request, but this is not the case.
Thus, to speed up the procedure as much as possible, an employee wishing to request a mutual termination is advised to do so as soon as possible in order to obtain a response as soon as possible. The employee can also request an interview with their employer to try to convince them to agree to the mutual termination. The employee may be assisted by a staff representative during this interview.
How long does it take to set up the mutual termination agreement and sign the agreement?
After the agreement between the two parties, for there to be a mutual termination, it is necessary to sign the termination agreement. The agreement details the conditions for terminating the contract between them. The time required to set up and launch the regular procedure depends directly on the number of interviews it will take for the employer and the employee to sign the agreement. In the vast majority of cases, a single interview is sufficient and the signing can take place on the same day.
During the interview(s), the employer may be assisted by a person of their choice who is part of the company's workforce (whether they hold a union mandate, a member of the social and economic committee, or any other member). The employee, for his part, can be assisted by an employee representative or, if a representative is unavailable, by an employee advisor chosen from a list provided by the administration.
Even if a single meeting is sufficient for the signature, it is advisable to have a minimum of two interviews, in order to prove that there has been a real negotiation concerning the conventional termination. Indeed, the administration may refuse to approve the termination if there has only been one interview, which is proof of insistence on negotiation to the detriment of the employee.
The withdrawal period for the mutual termination
Upon signing the termination agreement, both parties are granted a period of 15 days for potential withdrawal. The countdown begins the day after signing the agreement and ends at midnight on the last day. The 15 days correspond to a calendar period, meaning that it also includes days off, days off, public holidays, etc.
If the withdrawal period ends on a Saturday, Sunday, or public holiday, it will be extended to the next working day.
The approval period for the mutual termination
After the withdrawal period has expired, a request for approval must be sent to the Regional Directorate for the Economy, Employment, Labor, and Solidarity (Dreets). The request has been made online, via the Online Service, since April 1, 2022. This is followed by a period of 15 working days during which the authorities verify the regularity of the mutual termination. If everything is within the standards, the approval is approved.
What is the effective date for the mutual termination?
By default, if the Dreets does not provide a response, the request for approval is granted. The mutual termination can take effect the day after the approval date.
It is possible to defer the effective date of the mutual termination after approval. If no fixed end date has been discussed, the contract ends the day after approval.
No notice is required. The employer and employee simply need to agree on a contract end date and agree to the termination.
Deadline for receiving unemployment benefits after a mutually agreed termination
The standard deadline is 7 days, but it can be extended for two reasons:
- If you received compensatory leave benefits. In this case, you must add the amount of the compensation divided by your daily salary;
- If you received over-the-counter benefits, you must add the amount of these benefits divided by 90 (up to a maximum of 180 days).
