When a settlement agreement is drafted in general terms, its scope is not limited to the sole original point of contention. The employee may not claim at a later stage for indemnification of potential rights.
Sometimes, upon the termination of the contract, the employer and the employee are led to sign a settlement agreement in which the parties waive any action, whether current or future, of any nature whatsoever, related to the employment contract, its performance or its termination. In return, the employee receives a specific allowance paid by the employer. The drafting of the settlement agreement is very important because it makes it possible to very largely hinder any subsequent claim for compensation from the employee, regardless of its purpose. Thus, the French Supreme Court (Cour de Cassation) recalled this principle in a case where the employee dismissed for economic reasons claimed compensation for breaches of the obligation of redeployment or obligation to rehire. The Court rejects his request: because of very general wording of the agreement, the employee had renounced without limitation to any action resulting from the execution or termination of the contract.
History
-
Do’s & Don’ts | This month: Mutually agreed terminations (Rupture Conventionnelle)
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Do’s and Dont’sA mutually agreed termination (“rupture conventionnelle”) offers the ability...
-
Tuesday May 21st, 2019 | A notable shift in case law: Supreme Court Plenary Session of April 5th, 2019
Published on : 19/04/2019 19 April Apr 04 2019NewsNews / Breakfast Briefings1. The purview of the notion of anxiety-based harm has now been broadened, to...
-
Renowned Japanese law firm Atsumi & Sakai joins L&E Global
Published on : 18/04/2019 18 April Apr 04 2019L&E GlobalL&E Global, a worldwide leader for cross-border labour and employment law ser...Source : leglobal.org
-
Van Olmen & Wynant Employment Forum on Positive Discrimination at MIVB /STIB
Published on : 29/03/2019 29 March Mar 03 2019L&E GlobalVan Olmen & Wynant just recently had the honour of hosting a new Employment F...Source : leglobal.org
-
When a settlement agreement is drafted in general terms, its scope is not limited to the sole original point of contention. The employee may not claim at a later stage for indemnification of potential rights.
Published on : 18/03/2019 18 March Mar 03 2019NewsNewsletter / Recent Case LawSometimes, upon the termination of the contract, the employer and the employe...
-
The final European directive on seconded workers is transposed into French law and will apply as of July 30, 2020
Published on : 18/03/2019 18 March Mar 03 2019NewsNewsletter / New legislationThe government has transposed the directive of 28 June 2018 on posted workers...
-
L&E Global awarded “Elite” status for Global-Wide Employment Law Networks by Chambers Global 2019
Published on : 11/03/2019 11 March Mar 03 2019L&E GlobalWe are proud to announce that for the second year in a row, L&E Global has be...Source : leglobal.org
-
Measuring equal pay for women and men: the administration sets the timetable and publishes a calculator for companies with more than 250 employees
Published on : 26/02/2019 26 February Feb 02 2019NewsNewsletter / Looking FowardThe obligation to publish the index of the gender equality concerns companies...
-
When there is no vitiated consent, moral harrassment does not nullify a mutually agreed termination
Published on : 26/02/2019 26 February Feb 02 2019NewsNewsletter / Looking FowardCollective mutually agreed termination (« rupture conventionnelle collective ...
-
Tuesday March 19th 2019 | Criminal labour law prosecutions: dealing with the risk - What's at stake for employers ?
Published on : 25/02/2019 25 February Feb 02 2019News / Breakfast BriefingsIncreased powers granted the Labour Inspector, lengthier limitation periods,...