Global agreement: Normally, transaction agreements stipulate that by signing the agreement, you do not rely on the inclusion of another existing document before the agreement is signed. In other words, the transaction agreement contains the full terms between the parties. Check your employment contract/service contract to determine the notice period to which you are entitled. It is customary for transaction agreements to contain a confidentiality clause obliging both parties to keep confidential the terms of the settlement agreement and the circumstances of termination. As a result, transaction agreements can sometimes be referred to as confidentiality agreements, as they are often intended to prevent the disclosure of certain information. Over the past year, the focus has been on these agreements and the confidentiality clauses contained therein. Once you have signed the transaction agreement, there will be no going back! Together with your labour advocate, you must decide whether the amount of remuneration offered is acceptable. In real situations of dismissal, your possibilities are limited, but in other cases, it is usually possible to negotiate an increase in the compensation offered by your employer. Restrictive agreements: If you have restrictive agreements in your employment contract, it is likely that they will be confirmed again in the settlement agreement. It is important to check that the restrictions in the agreement are not more onerous than those in your original employment contract. It may also be possible to negotiate a reduction or, in some cases, a total lifting of some or all restrictions. If restrictive alliances are new, they also need to be reviewed to see if they are too cumbersome and if you should approve them.

Of course, confidentiality will normally be of the utmost importance to the parties to a settlement agreement – the employer wants the worker to treat the terms and reasons for the agreement (and sometimes even the existence of the agreement) confidentially, and the worker, on the other hand, will often want to ensure that the employer`s ability to say what they say about existence, The terms or reasons for the agreement are limited. As a general rule, therefore, care must be taken to ensure that the confidentiality clause adequately protects the worker and the employer.