Qu'est-ce que Mutual Termination Agreement ?

Definition

A mutual termination agreement is an amicable arrangement by which an employer and employee agree to end their employment relationship under negotiated conditions, without either party formally serving notice or the employer formally dismissing the employee. It is sometimes called a negotiated departure (départ négocié / onderhandeld ontslag).

In practice

Unlike France, Belgium does not have a specific statutory framework for rupture conventionnelle with a standardised procedure and homologation process. In Belgium, mutual terminations are governed by general contract law — both parties must genuinely agree (no coercion), and the terms must be clearly documented in writing. The agreement typically covers: the termination date, any compensation payable, treatment of any outstanding benefits, confidentiality obligations, and reference letter terms. A key consideration for the employee is unemployment entitlement: ONEM may impose a waiting period before benefits commence if the termination is deemed not to result from an event for which the employee is not responsible. Agreements that include compensation equivalent to the notice period to which the employee would have been entitled (Claeys formula) are generally more favourable for unemployment purposes. Legal advice is strongly recommended for both parties.

Key takeaway

A mutual termination should always be documented in writing with legal review — verbal or loosely drafted agreements create significant risk of subsequent dispute about terms and unemployment entitlement.