An agreement that aims to settle all current and future rights between the employer and the employee. If both parties are agreed and signed, the transaction agreement will have the effect of terminating the employment relationship. Neither party can compel the other party to accept a transaction agreement. The terms of the transaction contract are usually obtained after negotiation. “contractual obligation” means that the transaction contract is binding only if there is a contract for the final text. This prevents both parties from saying that there has been prior agreement. The transaction agreement should say that once it has been signed by all parties, it becomes “open”, that is, the opposite of “unprejudiced”. Let`s start with the obvious question: what is a transaction contract? Violation of the agreement: The transaction agreements probably provide that if you violate one of its terms, you will have to repay some or all of your employer`s payments and that you will reimburse them for future costs and procedures if you try to recover the same thing (and, in some cases, losses resulting from the violation). This is a customary clause, although it often needs to be watered down, so only a “material” offence should result in a refund, and even then, the refund should not include the amounts you are entitled to collect in all cases (for example.
B, contractual terminations). However, as noted above, a transaction agreement cannot prevent you from reporting violations to the police, from reporting them to a competent authority (for example. B a regulator) or report anything that had not been done at the time of signing the transaction contract, for example. B if you stayed with your employer and the harassment continued. Our labour law specialists can also, while dealing with your transaction contract, negotiate the amount offered in the transaction contract and – or make the terms much more advantageous. Many employers are sensitive to reasoned arguments, if that means a quick fix and avoid legal action. The terms of the transaction agreements are not always final and can be negotiated. What is the difference between an ACAS agreement (COT3) and a transaction agreement? A transaction agreement (formerly known as a compromise agreement) is a legally binding agreement between you and your employer. This generally provides for an employer`s severance pay in exchange for your consent not to make claims in court or court.
As a general rule, the employer requires that you keep the conditions, such as. B the amount and circumstances of termination of your contract. However, the appropriate legal term is “transaction agreement.” No no. But depending on the circumstances, your employer could fire you.