As you know, an employer and an employee can mutually agree to end an open-ended employment contract (CDI), provided that the negotiated termination agreement is approved by the relevant public authorities approve.
Courts recognize this kind of termination agreement made with an employee on sick leave, regardless of the reason for the leave (whether it is due to work-related accident, an occupational illness, or a personal accident or illness).
To proceed, you and your employee must first reach an agreement to terminate the employment contract during one or more meetings and settle all the consequences of this decision (such as the termination date, amount of compensation to be paid to the employee, and handling of any benefits in kind, if applicable). Next, you and your employee will need to sign a termination agreement that outlines all these points. After a 5-calendar-day period during which either party can withdraw, this agreement will be sent to the Regional Directorate for the Economy, Employment, Labor, and Solidarity (DREETS) for approval. Lack of response from DREETS within fifteen working days is considered equivalent to approval.
Finally, the employment contract will end on the date indicated in the termination agreement and, at the earliest, the day after receipt of the approval decision from the DREETS (or the expiration of the 15-working-day period if there is no response).
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