For a transaction contract to be valid against you, it must refer to certain sections of labour law. It must also contain clauses that say you are waiving some (or all) of your labour rights. . Many of the terms used have specific meanings that are necessary to give the transaction agreement its intended effect. If your employer has offered you a transaction contract, you should seek legal advice, such as. B a specialist lawyer, on the terms and effects of the agreement – you should generally try to get advice as soon as possible, since employers normally set a deadline for the conclusion of the agreement. There are many reasons why employers opt for a transaction contract. Typically, an employer proposes a settlement contract to protect against a worker`s rights. Some employers avoid having to go through the process by offering a transaction contract instead. They ask the employee to waive his right, in exchange for a payment greater than they would otherwise receive, to be taken care of by the dismissal procedure. Keeping your freshness can be extremely beneficial if you have been offered a transaction contract.
In most cases, it is advisable to ask passionately for written approval and explain that you are reviewing the offer and that you are getting advice. It is typical of the employer to participate in the worker`s legal costs, which are usually in the order of $350 plus VAT for simple agreements and up to $1,000 plus VAT for older workers or when the agreement deals with more complex issues. I am committed that we will not only provide advice and support ahead of a proceeding, but that we will provide continuity by representing our clients at most, if not all trials. Billing agreements generally contain a reasonable set of standard obligations on the part of the employer and the worker, as follows (note that this is not a comprehensive list, but the most common types of obligations: the transaction agreements came into effect on July 29, 2013. Previously, there was a very similar method of dispute resolution, so-called compromise agreements. Some workers or employers can still refer to the old-time compromise agreement when they try to negotiate an agreement and if you ask for help with a compromise agreement, we can continue to support you! 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. You have strong legal protection if you have been in the employer service for more than two years. In such a case, you may be able to argue that your dismissal or future dismissal is unfair or that the employer`s actions amount to constructive dismissal. The legal protection afforded to you by the right not to be unfairly dismissed may strengthen your position in negotiating a transaction agreement. All aspects of private family law: divorce, child conflicts, financial issues arising from the breakdown of the relationship, pre-eminent contracts, cohabitations.
Advice to clients in often emotional situations ranging from negotiations to complex court proceedings that reframe my service according to the needs of each client. My duties include reviewing the submissions issued by the complainants, negotiating comparisons, developing, filing and defending our client, and preparing trials.