In the settlement agreement, there is my “reason for withdrawal” – must it be true? For a transaction contract to be valid against you, it must refer to certain sections of labour law. It must also contain clauses that say you are waiving some (or all) of your labour rights. . Many of the terms used have specific meanings that are necessary to give the transaction agreement its intended effect. Transaction agreements are not legally binding unless the employee has received independent legal advice. Employers generally agree to pay for your legal fees, but they don`t necessarily cover all of your expenses. A contribution of between $200 and $500 is common. However, if your situation is complex or your lawyer has to negotiate on your behalf with your employers, your legal fees may be higher. Sometimes it`s worth self-financing the extra legal fees to get a better deal. I have been offered a transaction contract – do I have to accept it? The advice they give you is limited to the terms of the agreement – for example, that you understand what you agree.
They will not advise you on whether this is a good agreement or if you could have done better by going to court. There are very few exceptions: some types of rights cannot even be enacted with a transaction contract. The most common example is the assault that you are not aware of at the time of signing the contract. For example, an allegation about industrial diseases in which you were unknowingly exposed to asbestos in the workplace, the transaction contract would not prevent you from taking legal action against your employer if you discovered years later that you had developed asbestosis because of this exposure. However, as a general rule, if you sign a transaction agreement, you should consider that it is a feature of everything that has happened between you and your employer and that you cannot assert rights against them. Do I need independent legal advice before I sign a transaction agreement? How much would it cost and how can I pay for it? It doesn`t matter if most of the claims mentioned don`t apply to you.