This article examines a range of theoretical and practical issues related to the termination of an employment contract by mutual agreement. It is determined that a significant number of these issues stem from the difficulty of establishing the voluntariness of an employee's expression of intent and the excessively laconic nature of relevant legislation and judicial practice. In this regard, new judicial practice in this category of cases from 2025 to early 2026 is of particular interest. Thus, the Supreme Court of the Russian Federation essentially introduced a new criterion for the legality of such an agreement, namely, the existence of a material interest on the part of the employee. It is noted that such a criterion is not provided for by labor legislation. A number of formal requirements arising from the practice of cassation courts of general jurisdiction are also analyzed. In particular, this concerns the employer's obligation to explain to the employee the consequences of signing an agreement to terminate the employment contract.