We are happy to share with you in a series of articles the end-to-end process that leads to a successful termination of the employment relationship. However, the manager now wants to get rid of this employee as soon as possible, because since the beginning of her contract 18 months ago, she has performed poorly and the manager fears that this performance will now have a detrimental effect on the performance of the team. It is not uncommon for us to be confronted by our clients with the following question: We intend to terminate the employment contract with one of our employees for behavioral reasons – what is the easy solution, disciplinary termination or mutual termination? Terminations can be for a number of reasons, both voluntary and involuntary. However, the nature of the dismissal determines the employee`s future relationship with the employer (or absence). One could instinctively say „opt for mutual termination“. It`s quick and easy. However, very few employers consider the consequences that such a mutual termination of the employment relationship could entail. Prior preparation and thorough consideration of both termination options are therefore essential. Which of the following reasons is a possible reason for an amicable termination? In our experience, companies pay an average of 2 to 6 months` salary for the mutual termination of an intermediate manager. However, the amount may be lower or higher, depending on the reason for the termination of the employment relationship, the employee`s monthly income, the size of the company and/or the employee`s seniority in the company. Legal compensation related to the termination of an employment contract (i.e., severance and severance pay) generally does not apply to valid mutual termination agreements. However, the parties may agree on another arrangement for the payment of such compensation. In addition, in considering the „reasonable performance“ criteria, the Supreme Court pays particular attention to the realization of additional compensation and payments as a factor that affects the validity of the mutual termination agreement.

In addition, an amicable termination is favorable to the company, since the employee can only challenge such dismissal before the courts in exceptional cases (e.g. B deception, coercion, etc.). Note: In practice, the consensual termination of the employment relationship is generally achieved by the payment of remuneration to the employee. The amount of remuneration is not regulated by law, nor is there a practice-based calculation of remuneration (e.B. on the basis of seniority). A negotiation with the employee is therefore necessary…