There are some maximum bonuses granted by labour tribunals, for example. B for wrongful dismissal rights. Employers are not required to use the same payment caps, but they use them as guidelines when negotiating transaction agreements with workers. When a confidentiality clause is used, the wording should be limited to the necessary measure. The guidelines suggest that there is no need to impose a flat-rate provision for the publicity of an act of discrimination where the employer`s primary reason is to keep the compensation awarded for that act confidential. There are very few exceptions: some types of rights cannot even be enacted with a transaction contract. The most common example is the assault that you are not aware of at the time of signing the contract. For example, an allegation about industrial diseases in which you were unknowingly exposed to asbestos in the workplace, the transaction contract would not prevent you from taking legal action against your employer if you discovered years later that you had developed asbestosis because of this exposure. Once you have reached an agreement with your employer, they will usually write it down. It doesn`t matter if most of the claims mentioned don`t apply to you. The important point to understand is that you must not assert rights against your employer once the contract has been signed. After you sign your contract, you will usually receive a financial payment and quit your job. Another important tip is to make sure you have the right lawyers who act for you.
If you don`t believe in the skills of your lawyers, always remember that you have the right to change lawyers if you wish. At Truth Legal, we have extensive experience in successfully negotiating transaction agreements. For example, you informed colleagues of your negotiations before seeing the confidentiality clause and they understood that you had to keep the existence of the agreement confidential. If you sign a clause that you have already violated (or if you violate the clause after signing) and your employer finds out, they may argue that they no longer need to respect their side of the bargain. You can refuse to pay compensation or even try to recover money they have already paid you. If you already have another job, that`s pretty much the last nail in the coffin, because you can`t even say you`ve suffered a loss of income. A transaction agreement is essentially an opportunity for you and your employer to decide on “sub-companies” on certain agreed terms. Under the terms and conditions, you waive your right to claim (or drop) against your employer. Transaction agreements can also be used to terminate your employment and can settle an outstanding claim that you file in an employment tribunal or tribunal.