Many factors, whether supported by the employer or the employee, play a role in determining the right approach to non-compliance with transaction agreements. That is why the recruitment of a legal expert can go a long way to avoiding offences – and to pursue justice where they do. Alternatively, you can sue the employee for breach and sue the employee in court proceedings, although it may be longer and more costly. Depending on the drafting, the worker may be obliged to repay all the amounts of the contract, part or not of it. The agreement cannot provide for, for example. B, reimbursement only if the worker violates an «essential» clause. Workers may only have to repay the ex-gratia payment. Once a transaction agreement has been reached and signed by both parties, it is, like any other, a legally binding contract. If the employer. B does not pay the amount of compensation, the worker is entitled to an offence.
If the worker who breached the transaction contract were to avail himself of a right in court, the employer is entitled to refer to the breach of the transaction contract in defence of the claim. In the event of a minor offence, the injured party must ensure that the injury suffered is taken care of. Serious offences allow the victim to terminate the contract. The problem is that at that point, the time allowed for the employee to assert a right may have expired, which is catastrophic for the law. Transaction agreements generally contain a clause stating that the employer is not required to pay the amount of money if the worker violates the agreement (for example. B, in violation of the confidentiality clause or «gag clause»). The terms of the contract are legally binding and, if they contain provisions that must be refunded in the event that the worker significantly violates the conditions, the school can take steps to recover the money. The transaction agreement should define all the terms between the parties, z.B.: termination date; payments due; Immediate and permanent obligations of each party; Guarantees Compensation The reference.