Help … I want to settle a dispute with an employee by entering into a settlement agreement: what, why and when?
Cliquez ici pour la version française
Klik hier voor de Nederlandse versie
To settle a dispute arising during the employment relationship or, more commonly, when an employment relationship comes to an end, it can be useful for the employer to enter into a settlement agreement with the employee to avoid future discussions or litigation.
But can an employee simply waive all his/her rights, and when exactly can the employee waive them? What is the best practical approach for employers to handle this situation? Which clauses are possible or recommended? Can an employee who has signed a settlement agreement ever go back on it?
We will answer these and other questions during an upcoming webinar so that you can successfully negotiate such agreements with employees.
PROGRAMME
Mieke D’hanis and Julie Strauven will share their expertise with you during our Dutch session, whilst Pauline Van Parys and Thomas Gellaerts will be your hosts during our French session.
During the webinar, we will discuss the following topics:
- What is a settlement agreement and how can I convince an employee to agree to one?
- Can a settlement agreement also be entered into during the employment relationship?
- When is a waiver clause valid?
- Can an employee waive all their rights?
- What clauses are possible or recommended?
- What should I keep in mind if I allow an employee to temporarily continue to use his/her company car after the employment contract termination?
- What about the mobile phone or laptop?
- Can I enter into a non-compete clause after the employment contract termination and, if so, under what conditions?
- How do I formalise a ‘garden leave’ period?
- How do I practically handle a settlement agreement negotiation?
- What should I have thought about when I give a draft settlement agreement to an employee?
- Should I allow an employee to be assisted by a trade union representative or counsel?
- Can I sign a settlement agreement electronically?
- In what language do I draft the settlement agreement?
- What if an employee claims that he/she was pressured into signing a settlement agreement?
WHEN
Tuesday 3 December 2024 (Dutch session) and Thursday 5 December (French session), from 12.30 pm until 2 pm.
PROGRAMME
This seminar will address the following questions:
- Who can conduct an internal investigation? Is it expedient to engage an external investigator? When can or should I use a private investigator and/or a bailiff?
- What rights do employees who are the subject of an internal investigation have?
- What investigative methods can I use (interview(s), e-mail and internet monitoring, camera footage, recorded conversations, etc.)?
- What interviewing techniques do I apply?
- How do I collect evidence? What are the privacy pitfalls that I must avoid?
- What can I do with the internal investigation’s results? What is the evidential value of the investigation report that has been drawn up? May I use it in court (such as evidence for a dismissal for just cause)?
WHERE
This is an online event.
The link to participate in the webinar will be sent to registered participants a few days in advance of the event.
INFORMATION
This event is free of charge.
For more information, please contact ALTIUS Marketing on +32 2 426 14 14 or events@altius.com.
Please do not hesitate to forward this invitation to colleagues who might also be interested in this topic or provide us with their contact details.
REGISTRATION
Please register by clicking this link (Dutch session) or this link (French session) before 20 November 2024.
