Pursuant to the provisions of the Labor Code, the employment contract may be terminated by mutual agreement of the parties. This is associated with certain effects, including the case where the employer does not have to provide a justification for terminating the contract, nor is a written form required. The agreement of the parties is considered the easiest and safest way for the employer to terminate the employment relationship. It assumes the unanimous will of both parties as to the terms of termination of the contract.
An important consequence of such a solution is that such an agreement cannot be appealed to the Labor Court in the same way as for other modes of terminating an employment contract.
There is a widespread belief that signing the agreement can protect the employer against any claims by employees. In practice, therefore, there may be a situation in which the employer will persuade or even put pressure on the employee to terminate the employment contract by agreement.
However, this does not mean that the employee is unable to challenge the agreement. He has the right to do so, in particular when he thinks that he concluded it under the pressure or threat of the employer, or when the employer misled him by urging him to conclude an agreement.
In such a situation, it is possible to use the institution of evading the legal consequences of a declaration of will provided for in the Civil Code. It is believed that the agreement thus concluded was flawed. However, the employee will have to show that the agreement was affected by the defect at a later eventual trial.
The employee may claim that by signing the agreement he was unable to make an informed and free decision, acted under the influence of error, unlawful threat or deception.
The consequence of invoking these circumstances should be the invalidation of the agreement terminating the employment relationship, which then results in the continuation of the employment relationship.
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