• 21 décembre 2020
  • By mparnet
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Which Of The Following Is A Possible Reason For A Mutual-Agreement Termination

Constructive discharge: constructive discharge, also known as constructive dismissal or constructive dismissal, occurs when a worker stops under duress and thinks he has no choice but to leave his employer. In some cases, when a worker leaves on good terms, he or she may be given a special priority by the employer in seeking reinstatement. An employee may be dismissed without prejudice, which means that in the future, the sacked employee may be reinstated for the same or similar position. This is usually the case in the case of dismissal. Conversely, a person may be dismissed with prejudice, which means that an employer will not reinstate the former employee in a similar job in the future. This judgment may be rendered for a number of reasons, including incompetence, fault, submission or attitude. One could instinctively say, "Go for mutual resignation." It`s quick and simple. However, very few employers consider the consequences that such a mutual dismissal could entail. Pre-preparation and in-depth evaluation of the two termination options are therefore essential. Note: In practice, the termination of the employment relationship is generally obtained by mutual agreement by the payment of compensation to the worker. The amount of compensation is not regulated by law and there is no practical calculation of compensation (for example.

B on the basis of seniority). Negotiations with the employee are therefore necessary. The labour law does not have a specific provision on reciprocal redundancy agreements. However, Supreme Court decisions have repeatedly emphasized that reciprocal termination agreements, since they are in accordance with a "cancellation contract," are governed by the general provisions of the law of obligations with respect to legal status. Some redundancies are imposed by an employer, including dismissal or dismissal. Other separations, such as retirement or resignation, will be voluntary. A Furlough is a temporary separation from a job. The most important condition for the performance of a valid reciprocal termination contract is the existence of "reasonable performance criteria" arising from the court decision.

The Supreme Court applies the validity of the reciprocal termination contract to the existence of a reasonable benefit from the worker`s point of view. The main reason for the Supreme Court`s "reasonable utility" criteria in reciprocal termination agreements is that, since the worker is granted termination of the employment contract by the employer with severance pay and severance pay, the preference for another method, which is not more advantageous, cannot be considered appropriate at the normal stage of his life.


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