Termination of a contract of mandate – key things to know

How to terminate a civil law contract?

A contract for services is a popular form of civil law collaboration that involves fewer formalities (and rights) compared to an employment contract. One of its key features is the ability of either party to terminate the contract at any time. In this article, we will explain step by step how to properly draft and submit a termination notice for a contract for services. We’ll also outline applicable notice periods and provide a sample structure for such a document.

When can a contract for services be terminated?

Both the contractor and the client  can terminate the contract at any time, for any reason. Neither party is obligated to justify their decision.

Notice period for terminating a contract for services

Unlike employment contracts, a contract for services does not have fixed notice periods. This means that the parties can agree on any termination timeframe, as long as it does not violate good practices or significantly hinder the other party’s ability to fulfill their obligations.

Example:

• The contract does not specify a notice period.
• The contractor submits a termination notice with a 7-day period.
• The client may accept this timeframe or propose a different one.

However, in certain cases, the Civil Code provides for minimum notice periods. These include:

• Fixed-term contracts for services: Such contracts automatically end on the specified date but may be terminated earlier with a minimum notice period of 1 week.
• Contracts involving artistic, scientific, or educational services: A minimum notice period of 2 weeks applies.

How to submit a termination notice?

A termination notice must be drafted in writing and include the following information:

• Contractor’s details (full name and address)
• Client’s details (company name and headquarters address)
• Statement of termination of the contract for services
• Notice period (if applicable)
• Date and place of drafting the notice
• Contractor’s signature

You can submit the notice in person at the client’s office, send it via registered mail with confirmation of receipt, or submit it electronically by signing the document with a qualified electronic signature (available through platforms like SIGNIUS) and sending it to the client in digital form.

Electronic termination of a civil law contract

Similar to employment contracts, civil law contracts, such as a contract for services, can also be terminated electronically. Submission of a declaration of intent via electronic means is legally valid if the document is signed with a qualified electronic signature.

A qualified electronic signature ensures that the document has the same legal standing as a traditional, handwritten document. This solution is particularly convenient when the parties cannot meet in person. Electronic termination of a civil law contract is, therefore, an efficient way to handle the formalities of ending a collaboration remotely.

Using the SIGNIUS platform, you can obtain a qualified electronic signature instantly via remote identity verification. This allows you to quickly and conveniently sign documents online.

What happens next?

During the notice period, both parties are still bound by the terms of the contract.

• The contractor must continue to perform their duties diligently.
• The client is obligated to pay for the services rendered during this time.

Terminating a contract for services is a relatively straightforward procedure. Be sure to prepare the termination notice in writing or sign it electronically with a qualified electronic signature. If you have any doubts about the content of the notice or the procedures involved, consult a lawyer.