By Mutual Agreement

Conceição do Jacuípe

incommensurably Other possibilities for terminating employment contracts are the exchange of notifications between an employer and an employee according to the deadlines set by law and the immediate dismissal for just reasons, the death of a worker and the end of the agreed duration of fixed-term employment contracts. After 2003, mutual cancellation agreements became widespread in practice in order to avoid the legal and financial risks associated with an invalid dismissal under the “job security” provisions of Labour Act No. 4857. In principle, statutory compensation related to the termination of an employment contract (severance pay and severance pay) does not in principle apply to valid reciprocal cancellation agreements. However, the parties may agree on another scheme for the payment of such compensation. Mutual agreement is a protection of sexual integrity imposed by the State under penalty of criminal sanctions. the reciprocal agreement between the franchisee and the franchisee to terminate, terminate or not renew the franchise agreement; [PL 2013, v. Mutual Agreement Procedure In the event of difficulties or doubts between the Parties as to the implementation or interpretation of this Agreement, the Parties shall do everything in their power to resolve the matter by mutual agreement. The validity of the reciprocal cancellation contract does not depend on a necessary concrete form. Thus, a reciprocal cancellation contract can be concluded either explicitly or implicitly, orally or in writing. In the absence of a form necessary for validity, the form of the agreement is of great importance for the evidence. Therefore, it would be advantageous to conclude in writing a cancellation agreement by mutual agreement in order to demonstrate the common will of the parties to terminate the employment contract. If an employment contract is terminated for any reason, the entire unused paid annual leave must be paid to the worker, in accordance with Article 59 of the Labour Law. Note that “termination” is not a necessary condition for granting paid annual leave. An employer is obliged to make the payment of unused paid annual leave in all circumstances of termination of an employment contract, including by reciprocal cancellation agreement. The termination of an employment contract by a mutual cancellation agreement has the consequence that the worker is not able to benefit from the provisions relating to job security laid down in Article 18 and the related articles of the Labour Law and that he brings an action for re-employment because of these circumstances. However, a reciprocal cancellation agreement may be cancelled if the parties intend to engage corruptly in the execution of the mutual cancellation agreement or if a staff member has signed the reciprocal cancellation agreement with a reservation. In the event of ineffectiveness of reciprocal cancellation agreements, an action for re-employment may be brought if the conditions for the application of the provisions on occupational safety laid down in Article 18 of the Labour Law are met. .