An employment agreement bettering the employee’s terms will be construed pursuant to the intent of the parties

A company that acquired another amended the employment agreements so that a manager that is dismissed or leaves due to material reduction of responsibility or position will be entitled to a grant. One of the managers quitted after he understood that there is an intent for a structural change, even though the company denied the intent and the change did not happen within such two years period.
The National Labor Court held that the employee was entitled to the grant even though he resigned. When an employee resigns and requests to deem the resignation as dismissal, it is necessary to examine whether there has actually been a material deterioration in the working conditions; Whether there was a direct connection between the deterioration and the act of resignation; and whether the employee gave the employer a prior-notice that would enable the employer to correct the material deterioration before the resignation. However, when there is an agreement that establishes special conditions for an employee, the agreement must be examined according to the terms of the agreement and not under the terms of the law. Here, the employee announced his intention to resign due to a structural change he had heard about, but the company refrained from clarifying the situation and only denied it. In view of the above, it does not matter if the structural change did not actually occur in the period prior to the employee's resignation.