As a general rule, a transaction contract defines the statutes on which it is referred, including: A transaction contract stipulates that a worker recognizes that he ceases to hold a job with the employer from an agreed emotional termination date. Our experience is that the worker is generally not required to lay off, and the employer does not expect the worker to do so. In general, both parties intend to close the case as soon as possible. Nevertheless, employers must ensure that the worker`s right to wages and all other benefits related to his employment is maintained until the effective date of dismissal. We typically see the following positions in a redundancy payment: very often, it is in everyone`s interest, with the exception of the intention of the work lawyer, to pursue the case in order to obtain an agreed result, which is then obtained by a transaction contract. A transaction agreement generally contains a clause that the agreement itself is not construed as an admission of a violation of a law or law by one of the parties or as a violation of an employer`s obligation or obligation to the worker. It is essential that both parties enter into a transaction agreement without the other being held liable. It is very common for workers to feel that the amount of compensation offered under a transaction agreement can, in some way, serve as leverage to the employer when a decision is before the Labour Relations Board. This is a false belief, because all discussions on the final agreement are private and confidential between the parties. Very often, an employer will endeavour to ensure that the transaction contract provides cover to one of its affiliates or associated companies, as well as to their directors, executives, employees or shareholders, who are born from or in connection with or as a result of the employment and/or termination provided for in the transaction contract. In such a situation, the employer must consult with workers` representatives in order to reach an agreement.
These consultations must take place as soon as possible and at least 30 days before the tip-off. The aim of the consultation is to examine whether there are alternatives to redundancies. Are there any special provisions for collective dismissals or collective redundancies? We are very proud of our history of working with employers to resolve their disputes with workers using comparison agreements that reflect their specific circumstances.