El muto disenso en el Derecho francés. Especial referencia a la ruptura convencional del contrato de trabajo

Abstract

After the reform carried out by the loi du 25 juin 2008 portant la modernisation du marché du travail, the French legislator has regulated the termination of the employment contract by mutual agreement of the parties through a new figure: the negotiated termination. It deals with the termination by mutual agreement through a process aimed to ensure the consent of the parties, the lawfulness of the agreed terms as well as the economic indemnity of the employee, in order to avoid a potential conflict emerged between the signatories. The increasing role of the autonomy of the parties into the system of sources of labour law invites to consider the possibilities provided by the reformulation of the insufficient regulation of termination by mutual agreement in Spain. However , the asymmetric position of the parties in the employment contract prevents to admit unfettered promotion of such autonomy as an ideal way to end the contract. In this regard, it is a clear manifestation of the gradual process of removing the cause of the termination of the employment contract.