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.
Historique
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Tuesday May 21st, 2019 | A notable shift in case law: Supreme Court Plenary Session of April 5th, 2019
Publié le : 19/04/2019 19 avril avr. 04 2019News1. 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
Publié le : 18/04/2019 18 avril avr. 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
Publié le : 29/03/2019 29 mars mars 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.
Publié le : 18/03/2019 18 mars mars 03 2019NewsSometimes, upon the termination of the contract, the employer and the employe...
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The final European directive on seconded workers is transposed into French law and will apply as of July 30, 2020
Publié le : 18/03/2019 18 mars mars 03 2019NewsThe government has transposed the directive of 28 June 2018 on posted workers...
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L&E Global awarded “Elite” status for Global-Wide Employment Law Networks by Chambers Global 2019
Publié le : 11/03/2019 11 mars mars 03 2019L&E GlobalWe are proud to announce that for the second year in a row, L&E Global has be...Source : leglobal.org