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In a sense, this is accurate, as creating an Agreement With Settlement Without requires considerable knowledge of subject matter specifics, such as regional and local regulations.
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To be a valid settlement agreement, the contract must be in writing, it must relate to particular proceedings (i.e. the types of claims the individual employee might be able to bring) and it must also contain a statement that the legal requirements have been met.
It is axiomatic that a settlement agreement requires there to be a meeting of the minds with regard to the terms of the agreement. This meeting of the minds is best effectuated by reducing the agreement to writing. As I noted above, most jurisdictions require settlements to be reduced to writing, for this reason.
What should the settlement agreement contain? The standard terms of the settlement agreement are the following: The outstanding balance of the salary, bonuses, commission and holiday pay of the employee; A termination payment that will be paid by the employer to the employee for agreeing to terminate the contract.
The rough 'rule of thumb' that we generally use to determine the value of a settlement agreement (in respect of compensation for termination of employment) is two to three months' gross salary.
Do I need to a solicitor to sign-off my settlement agreement? Yes, it is a legal requirement to take legal advice upon settlement agreements. Settlement agreements (formerly known as compromise agreements) are legally binding contracts which can be used to end the employment relationship on agreed terms.