The relevant factors are the time elapsed since the agreement. The longer the gap, the more likely it is that you will be able to recover all the funds paid. Some likely incentives for a worker are: they should be offered more than what is due to them under their contract and the law; Their reference can be agreed; A notification of its withdrawal can be agreed. and/or they may be protected by other conditions (for example. B that the company cannot make any derogatory comments about them and that the agreement must remain confidential). If the worker has already filed a lawsuit against his employer or former employer, the agreement with conditions acceptable to him would mean that less time, energy and legal fees must be invested. If the negotiation does not result in an employer violation, the worker must assert a breach of contract against the employer. Or (if the deadlines permit), they could attempt to sue the employer in the labour court and/or reinstate a claim settled under the (broken) transaction contract. Our Senior Executive Unit has a wealth of experience and expertise in managing transaction agreements.
Since we regularly advise our corporate clients on transaction agreements, we are qualified to anticipate the actions of employers. This is a valuable advantage in the negotiations on the terms. A legally binding settlement agreement has been concluded with your employee. She sought legal advice on the contract, it was signed by all parties and payment of the termination was paid. Most of the time, a transaction contract is offered by the employer. This will be done in the context of a “non-prejudice” conversation or correspondence. An employer`s incentive to enter into a transaction contract may be: the settlement of an existing right; obtain security over existing and/or future rights; Limit time, legal fees and litigation-related business costs; contains terms that protect the company (for example. (b) a clause guaranteeing that no derogatory comments are made about the company; The clarity of the amounts owed and the date on which they are due; The restitution of the company`s ownership; revising restrictions on termination and/or the addition of new restrictions (for a fee); and/or confidentiality of the fact and terms of the agreement. Even if a worker is required to seek the assistance of an independent lawyer with respect to the contractual terms and the consequences he has on his ability to assert rights before an employment tribunal or other jurisdiction, he may decide to go back on his word and violate the agreement.