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
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Looking forward | What a No-Deal Brexit means for the British nationals in France
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Looking FowardAround 150,000 British nationals reside in France. 50% of them work, and 28%...
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Recent case law | Equal treatment and company collective agreements
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Recent Case LawOn April 3, 2019 the French Supreme court (Cour de cassation) put a halt on i...
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Recent case law | Use of Geolocation tools to monitor working time
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Recent Case LawIt happens quite often that companies put in place a geolocation system to mo...
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Recent case law | Dismissal during the suspension of the contract due to work-related accident
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Recent Case LawAccording to the labor code, during the time of the absence due to an industr...
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New Legislation | In brief: Directive on Posted Workers (Secondment)
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / New legislationThe government has transposed the directive of 28 June 2018 on posted workers...
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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...
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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...
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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
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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
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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...