Therefore, the circumstances in which a telework decision cannot be overturned should be defined at the beginning in the person`s agreement (for example. B if the initial job description was for a home worker). Such a requirement may be violated to the extent that it is required by a judicial or judicial decision or by the administrative authority of the state within the framework of a competent court. As a general rule, the employee has some leeway or flexibility to report or notify the existence of the transaction contract to direct family members, lawyers and other professional advisors. A transaction agreement should include a clause where the worker agrees that on the date of termination or before the company closes, items, equipment, registrations, correspondence, documents, records and any other information relating to the worker`s or company`s employment be passed on to the employer on or before the termination date. Time, form and method (for example. B cash, cheques or transfers) under which you pay an employee`s wages are determined by the terms of his employment contract. If you deviate from the payment terms you have agreed in an employee`s employment contract, he may be allowed to invoke a breach of contract if he suffers financial harm. In addition, the effects of dismissal on a worker`s mental health may also undermine a reciprocal dismissal agreement (Cass Soc, May 16, 2018, 16-25.852).
As noted above, the main advantage of an employer and a worker who enters into a conciliation agreement on the basis of a labour dispute is to guarantee both parties a known outcome. Very often, the employer tries to pay the worker instead of the worker`s contractual notice, which is often indicated individually in the number of billing agreements. Any payment made to an employee as part of a transaction agreement is generally subject to the legal benefits of taxes, taxes or taxes. Some workers often have the false impression that the amount of dismissal is a lump sum to be paid to them without deduction. It is up to the worker`s lawyer to inform them adequately and, in many cases, to advise them to take over separate financial advice on the expected amount they could deduct from the corresponding deductions from the settlement agreement.
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