An employee filed a claim for rights for the period of employment and its termination but the employer brought up a general waiver signed by the employee.
The Court held that to check the validity of a waiver three main conditions should be examined: Is the text of the waiver clear, whether the employee received, and prior to execution of the waiver, a clear accounting of the amounts he will receive and whether the employee was aware of his rights. In the present case, the waiver is not clear and no financial details were given except that the employee confirms receipt of a lump sum for termination of employment. In addition, the employee was not aware of the fact that he waived his rights by signing. Additionally, after receiving the money and signing the waiver the parties continued to exchange messages regarding payment of pension contributions. Thus, the document should not be considered a binding waiver and execution thereof by the employee does not constitute a waiver of the employee’s rights.