Disclosure may also be indicted, indicate the court or other jurisdiction, and list the file number or other identifying information. The separation agreement may require the worker to withdraw or reject the charge „with prejudice,“ i.e. without the right to file it at a later date. Typically, the company offers a type of payment (often called severance pay) in exchange for a waiver and the release of rights. The agreement may provide the worker with other advantageous conditions, such as the continuation of health services. B, a neutral reference and services that help find a new job. In addition to the release of rights, the employer can obtain commitments, such as .B the agreement of the employee, customers or other employees. Separation agreements can also deal with what happens after departure, for example. B employees who return company ownership, documents, keys and devices. The agreement may also remind parties of their obligations to own and use labour products or intellectual property created by employees during their tenure. The company will outline what you can and can`t say about the company, its employment practices and the reasons for dismissal. Employers may also attempt to include provisions in the separation agreement that offer additional protection with regard to restrictive agreements, including language: when employers decide to terminate a job, they want the employee to free the company from any binding requirement.
To do this, most companies use a separation of jobs agreement. It is a way of saying that both parties have reached a friendly end to the working relationship. Sometimes employers intend to enter into the separation agreement before the date of termination. In this case, the separation agreement may include the obligation to sign a second authorization after the termination date. This second publication would cover all claims regarding behaviour during this transitional period between the first and second signing of the contract. Employment contracts may be terminated by mutual agreement between the parties. The legal basis for mutual termination agreements is rooted in „contractual freedom“ as a constitutional right. The employer and the worker terminate an existing employment contract through a „reciprocal termination contract.“ These agreements are fully and definitively concluded. This means that a worker renounces his rights when he goes to the courts, courts such as the CCMA, etc., with respect to the alleged irregularities resulting from the employment relationship.
The company also waives the rights or rights of such an employee. The terms of these agreements are negotiated between the company and the employee. As soon as the negotiations have been concluded and the agreement is signed, the agreement will enter into force. Employers may require that the terms and conditions of the separation agreement remain confidential. A confidentiality or confidentiality agreement should indicate what remains private – trade secrets, financial affairs, client lists, etc. It must also list exceptions to the confidentiality clause (lawyers, spouses, etc.). The separation agreement may include, subject to the law, a confidentiality provision that prevents the parties from disclosing their terms or even their existence, with the exception of a small group of persons (such as lawyers, financial advisors, close family members) or as required by law. The authorization waives any claim for conduct that occurs on the date or before the agreement is signed. As a result, an employee often signs the separation agreement and dismissal after the employee stops working, often referred to as the „end date.“ The termination of an employment contract by a reciprocal termination agreement means that, in such circumstances, the worker does not benefit from the employment security provisions of Article 18 and the related articles of the Labour Act and introduces an action for reintroducation.