Failure to comply with these three conditions is sanctioned by the absolute nullity of the transaction, in particular the last condition. In practice, the solicitor gives the employee an «adviser`s certificate,» which is attached to the Settlement Agreement. The most recent English law has above all brought a remarkable innovation: conciliation discussions between the employee and the employer are inadmissible in the context of a labour court proceeding before the Employment Tribunal (section 111A of the Employment Rights Act 1996). The law, of course, provides for a number of exemptions, for example in cases of discrimination. In order to achieve an equivalent result in France, the parties would first have to appoint a lawyer who could continue confidential interviews, which is not very practical. On the other hand, in English labour law, Parliament has done everything it can to induce the parties to enter into a transaction. The Enterprise and Regulatory Reform Act 2013 has implemented major reforms in England since 29 July 2013. First, the legal templates of the settlement agreement, which can be closed by workers and employers to end the dispute, are posted online. In addition, the terms of validity of the transaction under English law seem very weak. Alain-Christian Monkamment Employment Solicitor and lawyer @droitanglais www.monkam-solicitors.co.uk limitation for remuneration in transaction agreements It is therefore better to breathe fresh air in London if an amicable agreement is to be reached after dismissal. The category exemption regulation and its guidelines apply without prejudice to the application of Section 53 to resolution agreements that do not contain a licensing agreement. Diese Abwicklungsvereinbarungen vor, dass die GfW 70% der verbleibenden Forderungen zu zahlen hat und 30% der Forderungen ab werden messen.
In French labour law, the law and case law have made it more difficult to sign an amicable settlement: the essential condition of a French labour law transaction is that the document provides for reciprocal and effective concessions of the parties , which means in practice that the employer must pay the worker a serious compensation allowance if the risk of conviction of the labour court is taken into account. In addition, the transaction cannot be concluded until the dismissal is notified (there is a concern that the employee may sign an agreement against him – Cass. soc. 14-6-2006 No. 04-43.123). Finally, it must be noted that under French law, the transaction can be burdened with all kinds of social, tax and other charges, depending on whether the legal limits are exceeded (notably double the PASS for social contributions, i.e. a maximum of 75,096 euros for 2014).