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Resource: A list of legal rights that cannot be paid as part of a transaction contract. A conciliation agreement is a legally binding agreement, facilitated by the mediation service of the Industrial Relations Agency between the employer and the worker, in order to settle an existing or potential right before the labour court. As in the case of a compromise agreement, the worker agrees to be « extrajudicial » by accepting the financial or other compensation that the employer offers in return for signing his right to pursue his right. This service is provided free of charge by the Agency. How do they work? Essentially, the employee receives a sum of money in return for signing his legal rights to sue his employer (commonly known as the « payment » of the employee). In addition, the worker is generally required to keep the transaction confidential and not to make derogatory comments about his employer, directors, representatives or employees. Although these confidentiality clauses are very common, they have recently received a great deal of attention in the press, given the scandal #metoo in which they are commonly referred to as confidentiality agreements or NOAs. In order for the transaction contract to be legally binding, it must meet certain legal requirements and the worker must receive his own legal advice regarding its conditions and effects. It is customary for the employer to make a contribution at the expense of the worker receiving the advice. However, the situation is somewhat different with respect to a transaction contract, as the employer often wants to terminate the relationship quickly and does not want the worker to go to the company`s website. This situation is dealt with by a clause in the settlement agreement called salary in alignment with termination or PILON.

The result is, in all cases, to terminate your employment without recourse. Transaction agreements are the only way to effectively « resilient » your labour law rights, such as your notice.

12 April 2021 at 10:52
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