In the event of a breach of confidentiality prior to the payment of compensatory benefits, the employer may not pay the worker according to the terms of the contract. The agreement should also indicate when payments will be made and sometimes an employer will be willing to agree to pay the amounts sooner. Your employer may present you with a transaction agreement. This is more likely if your benefit is called into question and your employer wants to give you the opportunity to leave under agreed terms rather than go through a benefit process. In light of these workers` protection rights, the law stipulates that any agreement restricting or excluding these rights is non-sour, i.e. it cannot be invoked by the employer unless certain conditions are met. Most employees may have an idea that writing is on the wall if they are caught up in jurisdictional procedures because of what their employer considers to be effective. Nevertheless, it can be shocking to offer him a transaction contract, especially if it is presented with any wood. Your lawyer will tell you if you have a contractual obligation to continue paying occupational pension contributions, especially during the notice period, if they should be paid instead. You may agree to an agreement with your employee on a lump sum paid directly to the pension as part of the total tally.
The worker could then benefit from the fact that, subject to the terms of the pension plan, he is considered another tax-free payment. Transaction agreements are voluntary and are usually concluded as part of a negotiation process. If you have obtained a settlement contract „out of nowhere,“ you must ensure that you receive legal advice. Reason for termination: This should normally be indicated and, in some cases, the reason is simply indicated as „mutual agreement.“ But just because a worker would have a good right to unfair dismissal if he was fired after refusing to accept a settlement contract does not mean that this is the best decision. If other employees know what another colleague has paid in a transaction, it will have a significant impact on what they expect to make future agreements more difficult. Even if you`re not ready to sign a transaction agreement at first, there may be benefits. Work court proceedings can be costly, time-consuming and incredibly stressful. A realistic transaction agreement, taking these other factors into account, may be a good result.
It will also bring some degree of closure to a potentially difficult time in your life.