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KM Legal est une étude d’avocat au Luxembourg fondée par Maître Katarzyna Martin, Avocate à la Cour. Elle accompagne entreprises, dirigeants, salariés et particuliers en droit du travail, droit des sociétés, immigration, mobilité internationale et sécurité sociale, ainsi qu’en conseil et contentieux.

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Lexicon

Employment & Labor Law

Termination of contract by mutual agreement

Termination by mutual agreement is based on the will of both the employee and the employer to end the contract. Luxembourg law requires a written document in duplicate signed by both parties. The agreement must make the end date clear and allow identification of what has been agreed.

Before signing, distinguish salaries and leave remaining to be settled from any negotiated indemnity. The consequences on unemployment and taxation are not deduced from a title such as amicable departure. A waiver clause deserves its own reading.

A freely agreed termination does not, in principle, entitle to ordinary unemployment benefits, as the departure is voluntary. This consequence must be examined before signing, along with any particularities of the file. The negotiated amount and payment date also deserve to be specified in the agreement.

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