As noted above, the right of termination (with notice) of the parties in employment contracts, taking into account the needs of workers and employers and the need to ensure the continuity of the employment contract, could be limited by an indecretation clause that is not contrary to the nature of the rights.6 It is also possible to add provisions relating to fixed-term employment contracts to this extent. Notwithstanding the negotiation, until the last working day, the worker will not be able to obtain compensation, with the exception of the eligible salary, for almost all redundancies and inducement. In another case where the Court of Appeal had to consider excessive sanction clauses to terminate the employment relationship, the Court of Justice seemed prepared to enforce such a sanction only to the extent that such sanctions concerned the protection of the employer from competition from the worker and not merely dismissal. To avoid the risks associated with poorly developed contracts, let a lawyer familiarize you with local labour laws before reviewing or developing a fixed-term contract. In addition to mitigating legal risks, a well-worded and clearly worded pre-term clause helps the employer and worker better understand their relationship. The first and most important piece of advice we can give is to ensure that there is a termination clause in the contract. It is possible that an employment contract includes an obligation for the worker to pay damages to the employer if the worker prematurely terminates the employment relationship. Sometimes the payment amounts to moving, training or training or other benefits that the employer has “invested” in the employee – and the employer wants to ensure that the employer receives a return on investment. Termination without cause is the opposite of termination with the cause, and it is also much more common.
Dismissal without notice does not necessarily mean that there was no reason to dismiss an employee, but rather that dismissal was rather a judgment of the worker, contrary to the outcome of a certain pre-agreed scenario. On the other hand, a worker who prematurely terminates a fixed-term contract will be exposed to the above risks; However, in most cases, the worker is unlikely to be prosecuted. 7. For the opinion on the validity of the sanction clause, see: 22nd Chamber of the Court of Cassation, E. 2015/18939, C. 2016/26066, 29.11.2016; For the opinion on the invalidity of the sanction clause, see: 9th Chamber of the Court of Cassation, E. 1993/15152, C. 1993/16726, 17.11.1993. The best way to reduce the risk of early termination is to include in the contract a specific clause that defines the conditions under which early termination is regulated.
When it comes to working in several countries, it is important to ensure that the language is accurate in a termination clause. In the other differing opinions, it was briefly expressed that the views of the 9th Chamber and the 22nd Chamber are false. The 9th Chamber considers that the penalty clause, attached to a specified term, is invalid if the fixed-term contract is considered permanent because of the absence of objective conditions; For the same treaties, the 22nd Chamber considers that this is a contrary view.