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A mutually agreed termination is null and void if the employee is not provided with

In a recent decision dated 26 September 2018, the French Supreme Court cancelled a mutual termination agreement (although it had been endorsed by the labour administration) on the grounds that a copy of the termination agreement had been sent to the employee only after the termination of its employment contract.

The French Supreme Court insists on the need to give a copy of the termination agreement to the employee, once it has been signed.

Indeed, the delivery of a copy of the agreement as soon as it is signed by both parties is essential to enable the employee to exercise his right of withdrawal in full knowledge.

French Supreme Court, 26 september 2018, n°17-19860