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As you know, the parties to an employment contract have the option of terminating their contractual relationship through dismissal, in the case of the employer, or resignation, in the case of the employee. However, a practice had become established in the workplace, within the framework of the conventional settlement of labour disputes, which consisted of terminating the employment contract by mutual agreement with the possibility of providing for transactional provisions. Some entered into mutual termination agreements and others into amicable separation agreements. To this end, in line with the evolution of the law taking into account the new dynamics imposed by social developments, the Congolese legislature introduced several reforms in 2016, including the legal and express recognition of the termination of the employment contract by mutual agreement, in order to settle the debate on its legality and regularity, which had been contested by a group of lawyers. This book explains termination by mutual agreement and acts equivalent to termination of employment contracts under Congolese, Belgian and French law.
