An agreement under which you waive your right to invok a work application can only be recognized by law if a certified lawyer, union or advisor signs it. A transaction agreement (formerly known as a compromise agreement) is a legally binding agreement between you and your employer. This generally provides for an employer`s severance pay in exchange for your consent not to make claims in court or court. As a general rule, the employer requires that you keep the conditions, such as. B the amount and circumstances of termination of your contract. In practice, there is little difference between a compromise agreement and a conciliation agreement. However, under the new transaction agreements, discussions on the offer of such an agreement cannot be used in an unjustified right of termination unless the employer has acted inappropriately. Employers must take into account these impending changes and the additional debts imposed on an employee when paying a termination payment as part of a transaction agreement. If you are considering your employer`s offer, you should think about things like: as an employee, you don`t have to disclose job offers to your employer. A transaction contract may require you to guarantee that you have not received an offer for a new job. The only reason an employer would ask you to make such a guarantee is that your future loss of income will be part of your injury in case you have a labour court proceeding and a success.
The employer can use this information to formulate the decision to pay you a lower amount of compensation if they knew that you had already received an offer for a new job and that they simply left to go to a new job with the benefit of a high compensation. The transaction contract is a legal contract between you and your employer – you both have to comply. Your employer may want you to have the confidentiality of the agreement. We will also ensure that in situations where your employee is charged with fraud or charges that could be prosecuted in a criminal court, such as sexual assault, you take a good practice approach by helping them decide whether further action should be taken. This ensures that you do not accidentally violate regulatory codes of conduct. It doesn`t matter if most of the claims mentioned don`t apply to you. The important point to understand is that you must not assert rights against your employer once the contract has been signed. End-of-contract agreements are always valid when an employee is fired and it is therefore important to consult with the lawyer on the content of the clauses. Non-derogatory clauses are clauses that prevent you from making derogatory remarks/comments about your employer that are pejorative. If an employer has such a clause in the transaction agreement, it is important that you also get a rearview clause that prevents the employer from making such derogatory remarks about you.
Unfortunately, transaction agreements are not as simple as they seem. It is actually a legal requirement that you seek independent legal advice so that you understand the terms and conditions. The transaction contract is also non-binding. In addition, negotiations are necessary to reach an agreement that satisfies both parties and a lawyer can tell you whether the conditions offer you adequate protection and ensure that you receive a reasonable amount of compensation. Since the agreement prohibits you from asserting rights in the labour tribunal, it is important that you know what you are consenting to, i.e.: You may have restrictions in your contract that remain in effect that may prevent you from obtaining income from a nearby competitor.