Employment Termination Request

Request employment contract termination by mutual agreement. Professional document, ready to sign.

Professionally Reviewed Instant Download Editable DOCX Format Updated for 2026

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  • Professionally drafted document template
  • Customizable fields for your data
  • Instant download after payment
  • DOCX format — editable in Word

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  1. 1 Fill in the required fields in the form above
  2. 2 Review the optional fields for additional customization
  3. 3 Click "Generate Document" and complete the payment
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What is an employment termination request by mutual agreement?

An employment termination request by mutual agreement (cerere de incetare a contractului de munca prin acordul partilor) is a formal document through which the employee proposes ending the employment contract with the employer's consent, as provided by Article 55, letter b) of the Romanian Labor Code. Unlike resignation (which is unilateral and requires a notice period), mutual agreement termination requires both parties to agree on the terms, including the termination date. This method is often preferred because it can be immediate — no notice period is required unless the parties agree otherwise. It also allows for negotiation of additional terms such as compensation packages, non-compete clauses, or transition arrangements. The employer is not obligated to accept the request; if they decline, the employee can still resign under Article 81.

Benefits of mutual agreement termination vs. resignation

Termination by mutual agreement offers several advantages over standard resignation. First, it can take effect immediately, without the 20 or 45 working day notice period required for resignation. Second, it allows both parties to negotiate favorable terms — the employee may receive a severance package, while the employer ensures a clean separation. Third, it avoids any potential tension during a lengthy notice period. For the employee, mutual termination may also be more favorable when applying for unemployment benefits, as the conditions differ from resignation. From the employer's perspective, it provides legal certainty and reduces the risk of future disputes. The key difference is that this method requires genuine agreement from both sides — neither party can be forced into it.

How to create an employment termination request online

On Contract Kit, you can generate a professional employment termination request in minutes. Enter the employee's details (name, position, department, employment contract number and date), the employer's information (company name, legal representative), and the proposed termination date. The form includes optional fields for specifying the reason (though it is not legally required), any agreed compensation, and transition arrangements. The generated document clearly states the legal basis (art. 55, letter b of the Labor Code) and includes space for both parties' signatures, confirming mutual agreement. After payment, download the document in DOCX format, ready to print and present to the employer for approval and signature.

Frequently Asked Questions

What is the difference between mutual termination and resignation?
Resignation (art. 81) is unilateral — the employee decides alone but must serve a notice period. Mutual termination (art. 55, letter b) requires both parties' agreement but can be immediate — no notice period required. Mutual termination also allows negotiation of additional terms like severance pay.
Can the employer refuse the mutual termination request?
Yes, because mutual termination requires genuine agreement from both parties. If the employer declines, the employee can still resign under Article 81, though a notice period will apply. The employer is not obligated to explain their refusal.
Am I eligible for unemployment benefits after mutual termination?
Eligibility for unemployment benefits depends on several factors, including the reason for termination and your contribution history. Mutual termination may qualify you for benefits under certain conditions, unlike voluntary resignation which typically disqualifies the employee. Consult AJOFM (local employment agency) for specific eligibility.
Can we agree on a severance package?
Yes, mutual termination allows both parties to negotiate additional terms, including severance compensation. These terms should be documented in the termination agreement. Romanian law does not mandate severance pay, but it can be agreed upon as part of the mutual termination conditions.
What date does the employment contract end?
The termination date is agreed upon by both parties and specified in the mutual agreement. It can be the same day the agreement is signed (immediate effect) or a future date. Unlike resignation, there is no mandatory notice period — the date is entirely negotiable.