But listen to legitimate concerns or comments from your collaborator. Taking control is not playing a hard ball. The objective of mutual dismissal is to put an end to things with the employee in a reasonable and equitable manner for both parties. While our termination agreements are clear, concise and reasonable, it is not uncommon for employees to express legitimate concerns that should be addressed. For example, a worker wants his employer to indicate severance pay earlier than the employer had originally proposed. As long as the employer is able to pay up to the date desired by the worker and this prompts the worker to immediately execute the reciprocal employment contract, the employer should accept. Sometimes the employee may suggest some minor changes to the Chinese text that give them a sense of well-being, for example by adding a few words to emphasize that the employer has started the termination process. As long as the proposed staff review does not change the meaning of the terms and is harmless, you should accept it. It is up to you and your Chinese work lawyers to distinguish between the real good faith concerns of an employee and the tactic of blocking or revenge. Note: it is not common to enter into a redundancy contract between the company and the employee in the event of the employee`s resignation. However, the company and the employee may be required to arrange for the termination of the employment relationship and to resolve all outstanding issues by concluding this agreement. This is an agreement to terminate an employment contract between the employer and the worker.
Consider this hypothetical. The employer and the worker enter into a contract of mutual dismissal if they agree that the employer pays the worker severance pay for this amount: “/ / “. The agreement also involves the total dismissal of staff. Suppose the mutual termination agreement is fully implemented by both parties and there is no evidence of coercion or deception on the part of the employer. Later, the employee sues the employer for legal compensation. The employer argues that the symbol “/” means that the amount of severance pay is zero. Will the employee win? The short answer is that the arbitral tribunal/court will probably find the agreement too one-sided and unfair to be valid. Second, any agreement with the mutual termination you use must be reviewed by a Chinese labour law specialist before using it.
An unenforceable agreement will not protect you or harm you. Given that our Chinese labour advocates have seen far too many DIY agreements in the event of reciprocal termination, it is interesting to note that this is a serious legal document that must protect you, and there is no excuse for using a document that is not being used. In principle, termination clauses must be carefully documented in a written employment contract and agreed ex ante by both parties. An indeterminate relationship may be terminated by mutual agreement (Article 36) or in certain circumstances. The dismissal of a common agreement is often used by employers to reduce the risk of recourse for illegal dismissal. Therefore, a separation agreement is also considered the best method when the employer decides to dismiss employees.