Dismissal in connection with the provision of services does not render invalid the rights of the worker resulting from the termination, in accordance with the uniform case-law of the Court of Appeal. In this context, the decision should be made by comparing and evaluating the evidence presented by the parties. Therefore, given that the worker is always protected by labour law and given the strictly narrow interpretation of exemption agreements by the Court of Appeal, a number of issues should be taken into consideration by the employer when granting an exemption: the exemption agreement has an important application in the practice of labour law, even if it is not provided for by the Labour Act or the right of obligation. The doctrine and jurisprudence of the Court of Appeal consider the release agreement to be an event ending guilt. • all exceptions contained in the legal declarations and terminations of your subcontractors and suppliers, etc. The exemption agreement is often used in labour law practice. It is usually allowed to dismiss and is regulated as a document signed unilaterally by the worker and granted to the employer. As a general rule, contractors are required to make redundancies (in whole or in part, as the case may be) and/or legal declarations on the distribution of advancement payments and the rejection of refusals, both for themselves and for their subcontractors. During the project kick-off meeting, you can also agree on exceptions that apply systematically to your legal statements and terminations, although it is always best to mention them explicitly on each of these documents. Thus, you avoid the risk that the content of your legal statements and terminations will be used in court against you. IH “The Tribunal finds, on the basis of the evidence, that the amounts claimed by the general contractor are not subject to reservations in accordance with the legal declarations and dismissals it has granted to the owner of the project for the periods concerned, a prerequisite for the receipt of the advance payments and the release of the deduction.
Contractors are generally required to submit legal declarations and dismissals as a precondition for receiving advancement payments and releasing their reserve. Since the release agreement is a means of ending a debt without appeal, it is not possible to terminate a questionable debt or a debt whose existence is questionable by a release.