There are no precedents, but exceptions and clearances are common, especially in the case of amicable termination. The waiver of certain rights is generally applicable against a valid consideration, although their applicability and authorized scope will vary from state to state. The waiver of certain legal rights (for example. B the rights to discrimination on the basis of age discrimination under ADEA) are only valid if it complies with certain legal requirements (for example. B for the waiver of ADEA rights, they must contain certain confirmations and some period of reflection and retraction). The waiver of legitimate rights incurred during employment and in the month following termination of employment is enforceable only if the waiver is made against balanced concessions. A worker may, at the end of his employment contract, waive his rights in a transaction contract with his employer. Criminal claims are not covered. Compensation is always paid in addition to the mandatory severance pay. A settlement agreement cannot result in termination (as opposed to termination, dismissal, rest leave, etc.) and is only a means of obtaining a replacement right. Enforceable and advised by labour regulations before a labour judge or the Ministry of Labour. However, workers cannot give up their benefits or their rights to free movement.
The case concerned a worker whose employment contract was terminated by mutual agreement with the employer by signing a transaction contract. In this transaction agreement, the parties did not agree to respect notice and pay compensation instead of termination. In addition, the employer has committed to pay the worker a fixed salary of 1000 euros. The settlement agreement between the parties contained a rather vague waiver clause, which waived “all contractual and other claims under all statutes.” Waiver agreements are often used, but there is no clear data to illustrate their positive effect. But workers must have received independent legal advice before signing a settlement contract that waives labour rights. The general provisions of contractual freedom under the Indonesian Civil Code will allow the parties to waive rights, but the application of such a waiver would not be permitted if it resulted in a violation of public order or public order or was not applied in good faith. For the employer, it is essential that the transaction agreement include a clear waiver clause by which the parties commit each other not to assert the rights arising from the performance and termination of the employment contract. However, in the event of termination of employment, workers may waive, in a transaction contract, their rights related to the termination of the employment relationship. The waiver of legal rights is not regulated by Myanmar`s labour laws. The enforceability of a waiver by an employee is not clarified by law. If a waiver is desirable, it is recommended that employers give a worker a reasonable amount of time to obtain legal advice before he or she asks him to sign the waiver.