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Transaction agreements are contracts that prevent workers from asserting their rights against their employers. For them, many different names and slang terms are used: in addition to their respective rights, employers will also try to ensure that there will be no other possible claims in the future that you could make against them. Comparison agreements for patterns or precedents often have a list of all types of known work claims, even those that might not be applied to you. For example, most agreements retain pregnancy and maternity formulations, regardless of your gender. You could refer to the rights of part-time workers and the right to be heard with respect to layoffs, even if you have never been in those situations. Employers offer a transaction contract if they wish to terminate a contract with mutually agreed terms. This is how there is a clean break without the ability for you to take them to court or a court for more money. 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. If you have bonuses or commissions due, the amounts owed must be specified in the agreement. A lawyer should check your contract to ensure that all contract bonuses and commissions are paid in full.

Following a judgment of 26 March 2014 (No. 12-21.136), the Supreme Court of France further clarified its position of termination by mutual agreement („Conventional Break“), by the fact that, for the first time, even if there was no real surprise, that a transaction can only be concluded if, on the one hand, it follows the ratification (or authorization) of the termination by mutual agreement and, on the other hand, if its purpose is to settle a dispute relating to the termination of the employment contract, but on the basis of factors which are not addressed by the termination contract. There are a number of scenarios in which billing agreements are used. They generally apply where the employer does not want to go through a long and long process, for example. B of a performance review or a complete redundancy process before being able to lay off. If you already have problems with discrimination or have filed a complaint, the employer may circumvent the right to constructive dismissal and/or discrimination. There are parts of the settlement agreement that I don`t understand or can`t respect – is that important? Making a reference available is not mandatory, but can make your billing proposal more attractive to the employee. However, don`t be tempted to soften the accord with a cooked reference. References must always be true and accurate. This fact sheet explains how a transaction contract works and what happens when a comparison offer is offered to you by your employer. It is customary for a transaction agreement to include the employee`s obligation to keep the existence and terms of the agreement confidential.

Where there is an obligation of mutual secrecy with the employer, no further „reflection“ is required.