There are some maximum bonuses granted by labour tribunals, for example. B for wrongful dismissal rights. Employers are not required to use the same payment caps, but they use them as guidelines when negotiating transaction agreements with workers. During your working time, you may have observed employer misconduct that could be harmful if your knowledge is made public through a whistleblower. If this is the case, employers may include a clause in a settlement agreement to prevent you from speaking out. In an employment law dispute, there are many factors that come together to determine the billing payment you should receive. It should be noted that a transaction agreement is a cooperation between the employee and the employer. If the amount covered by the compensation is too high, he may withdraw from the negotiation process and prefer to take his chances to the labour tribunal, where the amount to be awarded could be much less, if at all. Indeed, a transaction contract is legally binding only if the employee has given definitive advice. It is in the employer`s best interest to ensure that the worker receives this advice. Otherwise, the transaction contract will be ineffective. It is therefore important that, as an employer, you have as much thought about what a fair and „realistic” contribution to a worker`s legal fees is as much as the amount of compensation offered.
This is especially important if you want to be able to rely on the transaction contract to support a fee claim if the case is brought to court. Lodders` team of labour law experts will advise you on billing agreements. Several considerations must be taken into account when calculating an agreement. This case shows that it is necessary to get out of the habit of simply offering a certain amount for the contribution of court costs, without thinking too much about the unique circumstances associated with the presentation of the transaction contract. When negotiating a transaction, it is painful that the amount of the employer`s contribution to the worker`s legal fees is, as is often the case, the last obstacle to an agreement. In conclusion, if your employer has offered you a transaction contract, don`t panic! We have qualified work lawyers waiting for your work, armed with professional advice and specialized advice. Contact us today! On this basis, only a relatively small contribution is appropriate. The Board, for which it considers the employer to be paying, is limited to providing advice on the specific issue of the terms and effect of the agreement with respect to the waiver of legal rights and not on its terms and conditions or on detailed drafting. You must ensure that the transaction agreement specifies that you receive your regular salary and benefits until the termination date.