The amount of compensation is attributable only to both parties and what they may agree. The problem is that there are exceptions: the conversation is not protected by the new laws, in cases of discrimination, denunciation or other automatically unfair dismissal rights. This means that negotiations must no longer remain off the table if one of the parties misbehaving during the process. In these cases, what was said during the protected conversation could therefore come to serthepes. Transaction agreements, sometimes called dismissal or dismissal agreements, can be reached when a worker leaves his employment relationship, for example by dismissal or dismissal. The objective is to settle any claims spent on the employee at the time of departure. Normally, the advisor advises on the amount of compensation provided. The transaction contract can only be applied if the employee has received the necessary advice from an independent advisor. If you sign a transaction agreement, your employment will end. As a general rule, you will receive a sum of money in exchange for the loss of your job and certain employment rights. The conclusion of a transaction contract implies that the employee signs an agreement in which he promises that he will not assert rights (for example. B for unfair dismissal) against the employer. In doing so, the worker agrees to waive his right to sue his employer.
Your lawyer should advise you on the ongoing loss of pension, especially if you have a permanent pension. Pension contributions must be continued during the notice period, unless your contract says otherwise. If an agreement is reached with your employer to pay a lump sum to your pension under the billing conditions, you may be eligible for the tax-free payment. If you do not sign the contract, you retain all your rights to assert a right against your employer. What you may not know is that your employer keeps the contribution low, so you don`t get more advice than is legally necessary to sign the contract. And why would they pay more? A transaction contract can be presented to you either at the end of your employment or during your employment. If you are offered it at the end of your job, for example. B in a redundancy situation, it will be a little easier to negotiate. Indeed, the focus would be on financial compensation, since you will already have an offer on the table.
If you are faced with a transaction contract and are considering banning the offer, you may feel like a poker player trying to judge your opponent`s hand. Do you feel like a happy punk? This is not entirely serious because unlike a poker player, or Clint Eastwood, your decision can be supported on the basis of a reasonable analysis of your legal rights by an experienced lawyer instead of a game of chance based on pure luck. Your employer has probably informed you that they will withdraw it if you do not accept the offer. Take this with a grain of salt. While they can withdraw the offer at any time before it is signed by both parties, you have to ask yourself: are they really likely to do so? If they do, they have no choice but to follow the “formal” process they have tried to avoid by offering you a settlement agreement. Don`t they say “no” much earlier and repeat that the offer is final? If you refuse the offer, the potential billing offer no longer exists.