Termination of an employment contract by mutual agreement between the employer and employee. In a broad sense, it includes the employee submitting a resignation letter and the employer accepting it as a form of mutual termination, but in a narrow sense, it refers to the employer presenting certain conditions to the employee, and the employee accepting them and submitting a resignation letter.
Voluntary retirement programs fall under this category of employment contract termination. Recommended resignation is a system mainly used when the employee is at fault or there are urgent business circumstances, whereas mutual termination is a system to end the employment relationship by offering certain monetary compensation or other conditions (such as establishing a distributorship) when there is no fault on the employee's part, but special circumstances arise making it difficult for the parties to continue working together (for example, change of business owner, personal conflicts, etc.). Additionally, if the company, facing difficult business conditions, presents certain resignation conditions (such as payment of severance pay, separate dismissal compensation, priority for distributorship, etc.) and the employee accepts them and submits a resignation letter, it should also be deemed as mutual termination of the employment contract.
Mutual termination is a lawful act based on the parties' intent. In other words, like voluntary retirement, the employer presents certain conditions and the employee accepts them, so the employment relationship ends unless the employee is forced to submit a resignation letter. If such mutual termination of an employment contract carries coercive elements against the employee's will, it is recognized as unfair dismissal and loses its legitimacy.