Q: “What are the requirements for a compromise agreement to be considered a legally binding document and what are the benefits of such agreements?” The advantage for the employer is that it is able to draw a line under a worker`s departure or complaint and is protected from future rights. The benefit to the employee is consideration, for example. B a reverse financial sum, provided for by a legally binding contract. In addition to confidentiality clauses, a compromise agreement may also include an agreed reference. A breach of the compromise agreement and any financial harm that could cause the other party may result in an action in court. Any agreement should be tailored to the circumstances of the case. It is therefore difficult to choose a common solution for the development of a compromise agreement, although this approach can be used in more general cases. The details and the existence of a compromise agreement should be confidential with third parties. In practice, a compromise agreement also includes the waiver of any right of infringement as well as legal rights, although such a waiver does not have to meet the same requirements to be valid, since a right to infringement is a common right of law. For many years, employers have increasingly used compromise agreements as a mechanism to prevent future court complaints. The ICPD investigation showed that the main reasons for the use of the compromise agreement (excluding the payment of an existing claim) were to eliminate an employee due to poor performance or misconduct (38.95), to avoid legal challenges in dismissal situations (25.75) and to facilitate the payment of executives in a free manner (24.3%) and on the other.
Indeed, being presented with a compromise agreement can be a good thing. Not only is payment security within an agreed time frame, but the agreement should confirm that the first $30,000 can be paid without deduction. They will also have the opportunity to have an employment reference attached to the agreement, as well as clauses preventing one side from making a bad mouth to the other.