Settlement Agreement Droit Du Travail

Olivier Morel, associate lawyer at Cripps Harries Hall and Solicitor of the Senior Courts of England and Wales, offers us a light on the difference between the conventional break between French law and the compromise agreement of English law. Intra-company or intra-group mobility is posting carried out either between establishments of the same company or between companies of the same group. This type of posting refers to the following situations: i. The provision of a service between establishments of the same group. For example, maintenance or repair works carried out on machine tools that built and sold by a group`s subsidiary company established in France are performed by one of the group`s entities established abroad; ii. The transnational leasing of labour not for profit, between establishments of the same company or between companies of the same group: a company provides an employee to another entity of the same group established in France as part of a labour supply agreement that provides, in particular, that the lending company will incevoi the recipient company wag is paid to the employees , any payroll taxes associated and the professional expenses reimbursed to the employee under the second agreement; Siii. Subcontracting or co-contracting between establishments of the same group; This predominance of out-of-court settlement applies to civil cases; This is particularly the case in cases before the Employment Tribunal, which are responsible for resolving disputes between employers and employees. According to UK statistics for 2012, 60% of the 230,000 referrals to the Employment Tribunal have been formally reconciled or withdrawn (which raises the suspicion of an out-of-court transaction). Of the 158,391 cases in the Council of Prud`homme, only 17% were reconciled or withdrawn or withdrawn after the applicant`s resignation. Some minds may think that while the Gauls are fighting, the Angles and Saxs are saving their time and money. However, the cultural difference between the French and the English seems not only to provide an explanation, but above all the difference in legislation. Our solicitors specializing in labour law first always advise employees on the consequences of the obligations formalized by the settlement agreement.