These interviews will also be part of the evidence that will be used against you before the Tribunal if you have been guilty of „misconduct“. Inappropriate behaviour covers a number of situations, including excessive burden on your employee, for example.B.: in its simplest form, a settlement contract provides for termination benefits (which may include termination, tax-exempt, termination, leave, bonus and other amounts. However, there are many other clauses (see below). In return for obtaining these payments, you must agree not to assert rights against your employer (for example. B unfair dismissal, discrimination or breach). It can be quite shocking for employees to get information about a proposed transaction contract, so employers should not force the problem. Employees should have at least 10 days to review their options and decide whether or not to accept a transaction agreement. If an employer requires that the contract be signed before the 10 days are concluded, it may lose the confidentiality of the pre-performance discussion because it has exerted „unreasonable pressure“ on its employee. Transaction agreements offer the benefit of security and a clear break between a worker and his employer.
A staff member is guaranteed a termination document detailing the financial severance pay he or she receives, as well as other aspects of dismissal, such as . B of a job reference. For its part, the employer is guaranteed that it will not have to face a future demand from this employee. For these reasons, many employers and workers use the transaction contract, even if an employer has gone to a fair trial and/or terminated the employment by mutual agreement. In trying to get the agreement, some employers may be tempted to exert as much pressure as possible on the worker by setting a tight deadline for acceptance or perhaps by characterizing the evidence they have, stronger or more conclusive than it actually is. If a transaction contract is submitted to you that prohibits you from doing so, such clauses should be removed. Even if you signed an agreement with the remaining clauses, the confidentiality rules would simply be unenforceable. If an employer proposes a settlement contract to a worker, the fact that the employer submitted the offer and the details of the offer is not allowed in an unjustified right of dismissal.
However, if an employer acts inappropriately, the offer is admissible. Confidentiality: This clause prevents you from discussing the terms of the transaction agreement and, in some cases, the circumstances surrounding it.