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Termination by mutual agreement void if no preliminary meeting

Before signing a mutual termination agreement, the employer must invite the employee to at least one meeting (Article L. 1237-12 of the French Labor Code).

In the absence of such meeting, the mutual termination agreement is void (Cass.soc., 1st December 2016, n°15-21.609).

Therefore, we advise employers to formalize the existence of a preliminary meeting before signing the mutual termination agreement. The easiest way is to deliver a convocation letter to the employee before the signature of the mutual termination agreement.