Group companies (as a third party) avoid the application of agreements between a worker and the employer, so that a worker can assert rights against other parties cited in an agreement with the worker. To give an example, as part of a restrictive agreement, an employee undertakes not to ask the customers of the company and its companies or subsidiaries within a specified time frame. Since the contract explicitly identifies these companies and the concept gives them an advantage, the bill will allow them to directly enforce the restrictive agreement against the agent. Since the bill does not apply to contracts entered into before the settlement begins, third parties have no rights against the contracting parties under the regulation. There is nothing to be done about contracts executed before the regulation comes into force. In this legal update, we take into account key changes and risks from an employment law perspective under the proposed new legislation in this bill. Have you already reached agreements with the unions? Have you ever relocated employee performance through a service provider? Do you offer benefits to dependants or staff? If the intervention is necessary, you may need to change some of your agreements. Avoid a worker (as a third party) who, on the basis of an agreement between the employer and another party, can sue the employer If there is a contract between a customer and a company that assumes that the company charges an independent contractor for the performance of the work for the client, the bill will also give the independent contractor (as a third party) the opportunity to take legal action against the client. The regulation does not apply to certain types of contracts: for example. B contracts for the transport of goods, statutes and exchange rates. Most of these excluded contracts are already covered by specific third-party rights.
There is also a limited exception for employment contracts: third parties may impose an employment contract against the employer, but not against the employee (otherwise, a client who has received bad benefits from an employee could sue the employee for breach of his employment contract). The regulation also provides that contracting parties cannot modify or terminate a contract without the agreement of a third party entitled to assert rights or benefits under the treaty and that such a third party: under the current legislation, a third party cannot acquire and enforce a right under a contract in which it does not participate.