However, many employers offer a comparison with enhanced severance pay to ensure that the employee withdraws smoothly from the company and also protects against claims. However, if you are convinced that redundancy is real, you better negotiate on the basis of goodwill. Instead of threatening a lawsuit, you can get a better result by simply asking your employer to be more generous. This is more likely if you have a good relationship with your employer. ACAS is synonymous with advisory conciliation and arbitration service. Casa does not need to play a role in your transaction contract, but they do provide employers and employees with a free conciliation and telephone counselling service. Comparative agreements (formerly known as compromise agreements) are often used by employers as a method of settling employment rights that a worker may have against his company and to agree agreements on the termination of the worker`s employment. The conclusion of a transaction agreement is often attractive to both parties because it provides security, ends the dispute and allows both parties to continue. This is a trial that can be completed at a relatively rapid pace and at a lower cost, compared to a lengthy consultation on dismissal which, even if conducted properly, could result in legal action against the company in the labour court.
Is that really all I need to know about agreements? Compromise agreements are recognized by law and are the only way to effectively resolve an application without any legal proceedings. If you are offered a transaction contract, you are entitled to independent legal advice. “Independent” means that the advisor is not employed by your employer and does not work for his employer. Legal advice may be provided by a lawyer or other certified advisor, for example. B a union delegate, and advice must be provided by a person who is legally qualified and who has insurance to cover the advice he gives. If you decide to sign the agreement, you must also be aware of the rights you are waiving. As soon as you sign a transaction contract for termination, your employment ends and therefore waives the following rights: The transaction contract is designated as “contract-compliant” or “without prejudice.” This means that neither party can rely on the negotiations or conditions that will be presented until they have been agreed by both parties. A transaction contract becomes binding only when it is executed, dated, certified and exchanged and, on that date, it is considered an open document proving a binding regime. If you sign without independent legal advice, the contract is not valid. As a result, some employers may pay or contribute to your legal fees.
The purpose of legal advice is to ensure that you understand the transaction contract and its consequences. Your advisor should have the terms of the agreement, its effects and they can also help you negotiate if you feel you are entitled to more than what is offered to you. A transaction agreement is essentially an opportunity for you and your employer to decide on “sub-companies” on certain agreed terms. Under the terms and conditions, you waive your right to claim (or drop) against your employer. Transaction agreements can also be used to terminate your employment and can settle an outstanding claim that you file in an employment tribunal or tribunal.