If an agreement is reached as a result of such „unprejudiced“ discussions, the worker will enter into a compromise agreement in which, against compensation, he will agree to terminate his employment and infringe his labour rights. To be legally binding, certain conditions must be met, including the written compromise agreement, indicating exposure to rights at work and the obligation for the worker to have received independent legal advice on the purpose and effect of the contractual terms. Although similar, there is a significant difference between marital colonies and separation agreements. The latter concerns two persons who have separate residences, but who remain legally married, while the first involves the complete dissolution of the marriage. In recent months, much has been said about the government`s proposal to replace the compromise agreement commonly used as a „colonization agreement,“ but not everyone realizes the difference and why the government is proposing an amendment. So what`s the difference? As soon as a date for these new provisions is announced, we will update you. If, in the meantime, you are considering using a compromise agreement to end the working relationship, contact one of our teams on 0114 218 4000 for advice on how best to protect your position. An act may be preferable if no consideration is drawn between the parties or if one of the parties requires a longer statute of limitations for infringement applications. Our team of experienced lawyers is always at your side to help you solve your employment difficulties. Contact our labour lawyers and see what we can do for you today. So where is the employer? I do not think he is in a better position than he is today. If pre-termination discussions, including with the best of intentions, in the absence of an existing litigation and „no prejudice“ protection, in the absence of a transaction contract, in a case where no transaction contract is signed, an employer will continue to run the risk that such discussions will take place against it in the course of a subsequent legal proceeding.
Compromise Agreements Currently, in the event of a dispute between the employer and the worker, in the absence of fraud, inappropriate influence or „manifest non-place“ (e.g. B, perjury or blackmail), they may engage in „unprejudiced“ discussions with a view to ending the working relationship. Under these conditions, such interviews cannot be used as evidence until the end of a subsequent labour court proceeding. During a divorce or separation, a transaction contract dictates each party`s legal and financial obligations to the other party. They often involve extensive negotiations and may be accompanied by judicial consent depending on the type of separation of the couple. In particular, with regard to marital comparisons, the internal relations tribunal must approve the agreement as „not unacceptable“. In other words, the agreement must be reasonable and fair to both parties. If the agreement contains provisions relating to child care and child assistance, it must also be subject to formal review. A marriage is dissolved only when the marriage comparison contract is approved by the court.