Even if this is not necessary, workers and employers may meet again to discuss the terms and conditions. CASA recommends that the worker be accompanied by a union delegate or co-worker, when this is not a legal requirement. It can, however, help facilitate the signing of the transaction agreement. If an employee is authorized to perform « regulated activities » under the ACF or PRA, a gag clause is not applicable if your employment relationship is terminated. The following clause is now mandatory in each transaction contract proposed to you: if the employee and the employer have signed the transaction contract, the worker is prevented from asserting a right in court with respect to one of the rights listed in the document. This is one of the reasons why it is so important for both parties to have adequate advice from experts with the necessary expertise to establish such agreements. Reason for termination: This should normally be indicated and, in some cases, the reason is simply indicated as « mutual agreement. » CASA has adopted a code of legal conduct for transaction agreements, which defines how transaction agreements should work and also provides best practices for conducting negotiations before they close. The code is non-binding, but employers should explain why they did not feel it necessary to comply. Violation of the agreement: The transaction agreements probably provide that if you violate one of its terms, you will have to repay some or all of your employer`s payments and that you will reimburse them for future costs and procedures if you try to recover the same thing (and, in some cases, losses resulting from the violation). This is a customary clause, although it often needs to be watered down, so only a « material » offence should result in a refund, and even then, the refund should not include the amounts you are entitled to collect in all cases (for example. B, contractual terminations). A two-week delay should be sufficient to seek advice, get an appointment, review the draft treaty, obtain more information, etc. If it is not possible to reach an agreement, it is up to the employer to decide how best to deal with the situation afterwards.
For example, launching a performance management process, conduct procedure, disciplinary procedure or mediation. An employee could make a complaint, but the most important thing is that none of the agreement discussions can be used or can be mentioned in measures that choose either employees or employers.