Keep in mind that billing agreements cannot be used to circumvent standard procedures. For example, you cannot offer a comparison contract to a long-term worker without considering appropriate adjustments (i.e., a long-term illness is a strong indicator that a worker may be disabled). A direct offer to terminate a contract in addition to a transaction agreement could provide evidence that an employer ignored these adjustments and made them. They may have many questions and need the help of a friendly and experienced labour law expert. We can explain the terms and effects of the agreement or compromise agreement, clear up any confusion and make sure that you are satisfied with the proposed package. All written communications relating to the agreed transaction agreements or exit terms should be ”unprejudiced and in accordance with the contract” and oral interviews should be concluded by the employer and the worker as ”without prejudice”, which essentially means inadmissible in court. Be very careful when discussing transaction or withdrawal agreements with employees, as you may be constructively fired. It is important to ensure that the amount of compensation shown in the document reflects the amount agreed between the parties and the currency. I have been offered a transaction contract – do I have to accept it? To become legally binding, the worker must obtain independent legal advice to ensure that he understands the terms of the contract. There are a number of scenarios in which billing agreements are used.
They generally apply where the employer does not want to go through a long and long process, for example. B of a performance review or a complete redundancy process before being able to lay off. If you already have problems with discrimination or have filed a complaint, the employer may circumvent the right to constructive dismissal and/or discrimination. You can use a transaction contract if an employer and an employee wish to resolve possible legal claims without litigation. It may be used after the dismissal of an employee or for the consensual dismissal of the worker, whether or not the worker has exercised a formal right. If the employment does not end as part of the agreement, then ask a lawyer. However, the appropriate legal term is ”transaction agreement.” Probably! But this information does not replace technical legal advice on your situation. If you would like additional advice or if you intend to obtain a transaction agreement, contact Truth Legal to agree to a free, non-binding consultation with a lawyer. If you have been offered a transaction contract, are facing the possibility of redundancy or are looking for an exit from your job, you need the best possible help. A transaction contract, formerly known as a compromise agreement, is a legal contract between an employer and a worker. This is a safe way to terminate your employment, which usually means that you receive financial compensation. Another important tip is to make sure you have the right lawyers who act for you.