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.

Published on : 18/03/2019 18 March Mar 03 2019

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.


<< < 1 2 3 > >>
We use technical cookies to ensure the proper functioning of the site, we also use cookies subject to your consent to collect statistics visit.
Click below on & laquo; ACCEPT & raquo; to accept the deposit of all cookies or on & laquo; CONFIGURE & raquo; to choose which cookies require your consent will be registered (statistical cookies), before continuing your visit to the site. Show more
Cookie management

Cookies are text files stored by your browser and used for statistical purposes or for the operation of certain identification modules for example.
These files are not dangerous for your device and are not used to collect personal data.
This site uses cookies of identification, authentication or load-balancing not requiring prior consent, and audience measurement cookies requiring your prior consent in application of the texts governing the protection of personal data.
You can configure the setting up of these cookies by using the settings below.
We inform you that if you refuse these cookies certain functionalities of the site can become unavailable.
Google Analytics is a tool for measuring audience.
The cookies deposited by this service are used to collect statistics of anonymous visits in order to measure, for example, the number of visitors and page views.
This data are used to follow the popularity of the site, to detect possible navigation problems, to improve its ergonomics and the user experience.