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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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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Measuring equal pay for women and men: the administration sets the timetable and publishes a calculator for companies with more than 250 employees
Publié le : 26/02/2019 26 février févr. 02 2019NewsThe obligation to publish the index of the gender equality concerns companies...
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When there is no vitiated consent, moral harrassment does not nullify a mutually agreed termination
Publié le : 26/02/2019 26 février févr. 02 2019NewsCollective mutually agreed termination (« rupture conventionnelle collective ...
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Recent Case Law | Macron dismissal indemnity grid is not valid, according to certain French labour courts
Publié le : 21/01/2019 21 janvier janv. 01 2019NewsA few French courts have considered that the Marcon dismissal indemnity grid...