Mutual separation is an agreement between the employer and the worker on the end of the employment relationship. As a general rule, the main characteristic of a mutual separation is that the employer accepts a financial payment in exchange for the worker to voluntarily leave his employer by resigning. It is often used to ensure the departure of certain staff members when unilateral dismissal may be difficult or undesirable in another way. In this case, the Labour Court held that, although there was no evidence of dismissal in cases of mutual separation, it was the impact of the statements made to the worker on the worker`s state of mind, i.e. whether mutual separation was proposed in the context of the restructuring and that, therefore, the worker`s benefits were redundant. A misrepresentation that influences the employee`s judgment and/or induces him to enter into a mutual separation agreement denies the element of voluntaryity. Like any other agreement, before a VSS agreement takes effect, the terms and conditions must be mutually and freely accepted by the parties in order to dissolve the relationship between the employee and the employer. Thus, an enforceable contract would only be entered into when the employer accepted the offer and not if the worker voluntarily presented himself. Detained employees may voluntarily leave the company on appropriate severance pay, which generally exceeds the legal minimum provided either by the provisions of the Employment (Termination and Lay-Off) 1980 or in the collective agreement for which the employees apply.
Hye. It`s just a surprise. My husband will be removed in some sort of MSS agreement. Can you make more difference on VSS and MSS? In addition, it is recalled that a worker who has accepted compensation in protest is not prevented from questioning the validity of his dismissal in the labour tribunal, in accordance with Article 20 (1) of the Industrial Relations Act 1967, and the court will not make effective an alleged mutual agreement that is not truly consensual. The offer would then be open to acceptance or rejection by the employer, depending on its business needs and its need to retain key qualifications.