Employers and employees can jointly decide on the termination of the employment contract by signing an agreement subject to approval by the Labour administration. Since the 2013 case law, the handing over to the employee, as soon as the document is signed, of a copy of the individual termination agreement is mandatory. This formality must not be neglected, since its non-compliance allows the employee to obtain the cancellation of the agreement, without having to prove any absence of valid consent.
The breach of this obligation entails the payment of severance pay without any real and serious cause.
For the Court of Cassation, only the handing over to the employee of a copy of the agreement signed by both parties, makes it possible to request the validation of the agreement by the administration, and for the employee to exercise his right of retraction with full knowledge of the facts.
It must therefore be verified that the two copies of the agreement (one for each party) do indeed contain the signature of both parties (employer and employee), and the employer must be able to prove that the termination agreement has been given to the employee. Indeed, this handover is not presumed. Otherwise, the termination agreement may be canceled.