As a general rule, amounts are paid within 7 to 28 days of signing the contract or in the next pay slip. However, this may vary depending on your termination date or the agreed date. Payment terms are included in the transaction agreement and your lawyer can confirm this. The key is to ensure that the settlement agreement provides a reasonable time frame for payment and to carefully consider whether there are factors that could cause delays. As a general rule, most employers are not willing to remove the tax allowance in the agreement. As a collaborator, you can settle for a transaction contract. In this blog, we answer the most frequently asked questions we receive and also give you practical instructions on what to do if a transaction contract is submitted to you. Employees are also taxed on any payment instead of termination (PILON). Since 2018, there has been no distinction between the tax on redundancies to employees with a PILON clause in their employment contract. When this new rule was introduced, the government created a standard legal formula that employers should apply to ensure that each wage is properly taxed instead of dismissal.
In the settlement agreement, the amount of the payment must be indicated instead of the notification you receive. In most cases, disputes with the parties executing a transaction agreement and a settlement provision end. Ideally, the execution of these documents will result in the full and final conclusion of the case. However, a second round of litigation may inevitably arise as a result of a breach of the settlement agreement. What is the current situation for paying taxes on payments of compensation agreements? If one party believes that the other party is violating it, it can take action in the civil courts or the labour court. However, they can only sue if the transaction agreement has been concluded before the end of the employment. CASA has developed a code of conduct on how negotiations on transaction agreements can be treated confidentially. This recommends that workers have 10 calendar days to review the offer and allow an attendant (a colleague or union representative) to each meeting to discuss the offer.