A settlement agreement can only be concluded if the worker and the employer agree – so you have the option to refuse the initial offer if you wish. Employers must give you at least 10 days to decide whether you accept or not, and you remain employed until the agreement is reached. However, many employers still felt the need to lay off workers. In some cases, this may include a conciliation agreement that offers workers the potential to secure a better redundancy package, while preventing them from pitting an employment court against the employer. This is often a better option for both the worker and the employer. There are parts of the agreement that I don`t understand or can`t respect – does it matter? If you are faced with a settlement agreement, you need to be sure that there are no future claims against your employer. You should also know your legal rights and talk to an employment lawyer in order to get advice and answers to any questions you may have. Remember that there is a period of three (3) months if you intend to bring an action for an unjustified injunction before the Labour Court. If you have no reason to assert a claim, your independent lawyer should help you negotiate the terms and try to settle the dispute with the other. Let`s start with the obvious question: what is a settlement agreement? Be realistic, but don`t be afraid to ask for what you want, especially when it`s not just about money.
For example, employers will sometimes provide a written apology as part of a settlement agreement. It`s a complex and difficult time, but don`t worry, we are able to advise you on what the agreement means to you and explain the impact of the conditions that have been offered to you. However, the appropriate legal term is « settlement agreement ». It`s important that you understand everything in the agreement, and if there`s something you can`t comply with (or a provision you`ve already violated), you should discuss it with your lawyer. Examples of transaction agreements can be found online. News / You have been offered a transaction agreement: What now? An agreement by which you waive your rights to assert a right to work can only be recognized by law if a lawyer, union or certified advisor signs it. The indication of a « reason to leave » in a transaction agreement usually does not matter. However, if both parties are bound by confidentiality, it may be helpful to agree on what you are going to tell your friends/colleagues and potential future employers about the reasons for your departure.
Frequent reasons are « dismissal » and « mutual agreement », but some agreements do not mention the reason for the withdrawal at all….