I have been offered a transaction contract – do I have to accept it? The transaction contract is a legal contract between you and your employer – you both have to comply. Your employer may want you to have the confidentiality of the agreement. In its simplest form, a transaction agreement provides for termination payments (which may include termination, tax-exempt, layoffs, leave, bonuses 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 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. In simple terms, yes, as long as you think sexual harassment can be a crime (for example, an attack). Any clause in a transaction contract or NOA that says it cannot disclose sexual harassment to report a crime to the police will not apply. CASA has adopted a code of legal conduct for transaction agreements, which defines how transaction agreements should work and also provides best practices for conducting negotiations before they close. The code is non-binding, but employers should explain why they did not feel it necessary to comply.
But a lawyer can do more than just advise you on the effects of the transaction contract, he can also advise you on what the terms mean, all the conditions you want to change and all the additional conditions that should be included outside the legal requirements. At Truth Legal, we will try to negotiate the best deal for you. Your employer may present you with a transaction agreement. This is more likely if your benefit is called into question and your employer wants to give you the opportunity to leave under agreed terms rather than go through a benefit process. Restrictive agreements: If you have restrictive agreements in your employment contract, these will likely be confirmed in the transaction contract. It is important to ensure that the restrictions set out in the agreement are not greater than those in your original employment contract. It may also be possible to negotiate a reduction or, in some cases, the total removal of certain restrictions or restrictions. Where restrictive alliances are new, they also need to be checked to see if they are too heavy and if you agree with them.
In most cases, no. If you signed a valid transaction agreement with a confidentiality clause, this would generally be enough to prevent you from making a story available to the media. It is possible (and probably) that your former employer could sue you for breach of contract and significant damage if you do. As a general rule, it does not matter if there is a “reason for withdrawal” in a transaction contract. However, if both parties are bound by confidentiality, it may be helpful to agree on what you will tell your friends/colleagues and future employers about the reasons for your departure. The frequent reasons are “redundancy” and “mutual agreement,” but some agreements do not mention the reason for the withdrawal at all.