Waivers
Angola
In principle, statutory rights cannot be waived and any waiver of such rights will be null and void.
Argentina
Pursuant to the LCL, any executed agreement that suppresses or reduces rights granted by the LCL, labor laws related to specific industries, collective agreements or individual employment contracts, either at the time of their agreement or execution, or the exercise of the rights arising from its termination, shall be null and void.
Australia
Enforceable to waive contractual rights. Employees often cannot waive or contract out of statutory entitlements, including entitlements under a modern award or enterprise bargaining agreement.
Austria
Not enforceable for the future with respect to statutory rights. With respect to rights already accrued, Austrian courts usually are of the opinion that employees may not waive them.
Bahrain
Waiver agreements are commonly used, but there is no clear data to illustrate their positive effect.
Belgium
Enforceable, but employees may only sign a settlement agreement with regard to acquired rights and not with regard to future rights.
Brazil
Not enforceable unless in a settlement ratified at court.
Canada
Generally, employees may not waive or contract out of statutory rights or benefits unless they are doing so in exchange for a "greater right or benefit" with respect to the same subject matter of the right being waived.
Chile
While the employment agreement is in force, the employees cannot waive most legal rights. After the termination of employment agreements, rights can be waived by the employee, usually signing a final settlement agreement, known as "finiquito."
China
Enforceable to waive contractual rights. While an employee may be asked to waive statutory rights, there is some uncertainty as to whether such a waiver would be effective to prevent an employee from subsequently bringing a claim for statutory rights.
Colombia
Enforceable and advisable through a labor settlement before a Labor Judge or the Ministry of Labor. However, employees cannot waive their vested mandatory benefits or rights.
Czech Republic
Waivers of rights stemming from employment law provisions are legally ineffective.
Denmark
In general, waivers of rights and settlement agreements are enforceable, provided that the terms and conditions are fair and balanced; however, the employee is not bound by agreed terms and conditions deviating from mandatory employment law legislation, in which case a waiver by the employee is not enforceable.
Finland
A waiver of rights is possible only in exit or settlement agreements and only to a certain extent. An employee cannot waive mandatory minimum rights provided by the employment laws.
France
An employee may waive their rights in a settlement agreement concluded with their employer after termination of their employment contract. Criminal claims are not covered. A settlement indemnity is always paid on top of mandatory severance. A settlement agreement cannot effect a termination (as opposed to, for example, a resignation, dismissal or retirement leave) and is simply a way to obtain a waiver of claims or disputes.
A mutual termination (rupture conventionnelle) does not result in a settlement agreement or waiver.
Germany
Enforceable; subject to legal review if, for instance, employees were not given time to consider.
Hong Kong, SAR
Enforceable to waive contractual rights. While an employee may be asked to waive statutory rights, there is some uncertainty as to whether such a waiver would be effective in preventing an employee from subsequently bringing a claim to exercise their statutory rights.
Hungary
Enforceable, if expressed in a written agreement. Waivers cannot be broadly interpreted.
India
The doctrine of waiver is recognized in Indian contract law. A waiver must amount to an unambiguous representation arising as the result of a positive and intentional act done by the party granting the concession with knowledge of all the material circumstances. Though any waiver against statutory entitlements given by an employee is unlikely to be enforceable, a generic waiver of contractual rights may be enforced.
Indonesia
The general freedom of contract provisions of the Indonesian Civil Code allows parties to waive rights; however, the operation of such waiver is not permitted if it results in a violation of public policy or order, or is not applied in good faith.
Ireland
Enforceable, but employees must have been advised to and afforded the opportunity to take independent legal advice prior to signing a settlement agreement waiving employment rights.
Israel
Generally enforceable, if the employee receives additional benefits in consideration for signing the waiver commensurate with the rights waived. Employees may not waive certain statutory rights and benefits.
Italy
Immediately unchallengeable if signed before a "protected venue" (ie, an administrative, union or judicial office or when all parties are assisted by lawyers), or challengeable within 6 months after termination.
Japan
To be valid, the waiver must be given voluntarily and knowingly by the employee. In order to avoid any claim from an employee that the waiver is not valid because it was given under duress or as a result of a mistake due to fraudulent representation by the employer, meetings with the employee should be fairly short and attended by only 1 or 2 managers. The employee should be given a reasonable amount of time to consider the document containing the waiver and should not be told that they will be terminated if they do not sign.
Kenya
While a waiver or discharge is legally enforceable provided it is not achieved through intimidation, coercion, inducement or another factor that would vitiate an ordinary contract, it is important to note that it cannot be used by an employer to avoid the liability of paying the employee's statutory and contractual dues. The court would void such waiver or discharge upon evidence that it was intended to deprive the employee of their lawful dues.
Kuwait
Waiver agreements are commonly used, but their enforceability has not been tested by the Kuwait courts and there is no system of precedence in Kuwait.
Luxembourg
Waivers are enforceable if they refer to rights which had arisen at the time of the waivers.
Malaysia
Generally enforceable, but subject to legal review based on the scope and circumstances in which the waiver was given. A waiver by an employee of the employee's right to bring legal action or a claim for unfair dismissal/termination is not enforceable.
Mexico
Enforceable; however, employees cannot waive their right to receive mandatory benefits or rights.
Morocco
Not admitted for all mandatory statutory provisions contained in the Labor Code and related decrees. When terminating an employee's employment, is it not common to enter into a settlement agreement or waiver. However, when the employment contract is terminated by mutual agreement between the employer and the employee, such termination is usually finalized in front of a labor inspector who drafts an agreement between the parties.
Once this agreement is signed, the employee automatically waives their rights to claim compensation.
Mozambique
No precedents, but waivers and releases are common, particularly in cases of termination by agreement.
Myanmar
The waiver of statutory rights is not regulated in the labor laws of Myanmar. The enforceability of a waiver of claims by an employee is not addressed by law. Where a waiver is desirable, it is recommended that employers allow an employee a reasonable amount of time to seek legal advice before requiring them to sign the waiver.
Netherlands
Claims may be waived provided that the employee understands they signed a waiver of claims. Accordingly, it is advisable that employees be given time to consider and to seek legal help with regard to a waiver.
New Zealand
Statutory rights cannot be waived; however, some contractual or common law rights may be waived by the employee.
Nigeria
Settlement contracts agreed upon and executed by the employer and employee are legally enforceable in the courts. Such agreements are common for senior- and executive-level positions but are less common with regard to junior or mid-level employees.
Norway
The Working Environment Act is, to a large extent, mandatory. The employer and the employee may not agree on terms and conditions that are less favorable to the employee than those of the Act, if not expressly stated in the Act that the provision may be departed from.
However, employees may waive their rights in relation to termination of the employment relationship in a settlement agreement upon termination of the employment.
Oman
Waiver agreements are commonly used, but their enforceability has not been tested by the courts.
Peru
Any executed agreement that reduces rights granted by the Constitution, labor laws related to specific industries, collective agreements or individual employment contracts, either at the time of their agreement or execution, or the exercise of the rights arising from its termination, shall be null and void.
Nonetheless, it is possible enter into a valid settlement agreement with a release. When entering into such agreements, the employee’s signature must be notarized by public notary.
Philippines
Waivers, release and quitclaims are valid and binding on the parties when the agreement is voluntarily entered into and represents a reasonable settlement.
Poland
Waiver of the statutory rights is ineffective and is not enforceable in Poland.
Portugal
In principle, statutory rights cannot be waived, and any waiver of such rights will be null and void.
Some exceptions apply, such as in respect of vacation entitlement (the employee may waive a part of it).
Qatar
Waiver agreements are commonly used, but their enforceability cannot be guaranteed.
Romania
Under the Romanian Labor Code, employees cannot waive their rights recognized by the law, and any transaction with the purpose of waiving or limiting such rights will be null and void.
Russia
Unenforceable.
Saudi Arabia
Employees cannot waive statutory rights under the Saudi Labor Law. Waivers of contractual rights require written consent. Failure to assert a right does not constitute waiver by conduct under Shariah principles (ie, rights are not forfeited unless expressly waived).
Singapore
A waiver must be clear, but may be either oral or written. A waiver need not be express, but may be inferred from a course of conduct.
Slovak Republic
Legally possible, except for waivers of rights prior to their existence. Such waivers shall be invalid.
South Africa
Employees may contract out of common law rights without any formalities. Limited right to waive statutory rights (ie, only to the extent that legislation may allow such waiver). No specific requirement that the employee waiving a right must be represented or for any formalities to be met. Waivers are enforceable provided that the employee is paid something more than what they are legally entitled to (ie, a gratuity).
South Korea
Permissible. Terminations are often implemented through mutual agreements.
Spain
In principle, statutory rights cannot be waived, and any waiver of the rights will be null and void. However, some exceptions apply.
Sweden
Enforceable. The employee may sign a settlement agreement waiving statutory rights.
Switzerland
Waivers of mandatory entitlements agreed upon during employment and the month after termination of employment are only enforceable if the waiver is made against well-balanced concessions.
Taiwan, Republic of China
Waivers of statutory claims may not be enforceable in Taiwan.
Thailand
According to the Civil and Commercial Code of Thailand, waiver in relation to statutory rights under the LPA and LRA will be void as those laws are related to public order and good moral. However, it is enforceable to waive contractual rights or rights under other laws, including a right to bring a claim against the employer for unfair dismissal.
Tunisia
The legal framework surrounding settlement agreements and waivers of rights in Tunisia is not well-developed. Nevertheless, Tunisian law considers the employee to be the weaker party to the employment contract and imposes a certain social public order to be respected by employers. The Labor Code specifies that any agreement under which an employee purports to renounce their rights to leave is not valid even if compensated in return.
In addition, the Code of Obligations and Contracts states further that any renunciation of a right must be strictly construed and are confined to the scope that was plainly intended by the individual. Ambiguous acts cannot be taken as an indication of the renunciation of a right.
Finally, any agreement that is contrary to the law concerning reparation of harms resulting from work accidents and work-related illnesses is void. This includes any renunciation of rights on the part of beneficiaries.
Turkey
A release deed is valid provided that it is executed in written form after at least 1 month has passed since the termination of the employment contract.
Uganda
Enforceable.
Ukraine
Waivers of statutory rights are unenforceable.
United Arab Emirates
Waiver agreements are commonly used, but their enforceability has not been tested by the UAE courts. In theory, there is a principle of estoppel issue which can apply (ie, an employee should not be able to deal with a specific issue in a legal settlement or proceeding for a 2nd time around).
United Kingdom
Enforceable, but employees must be represented by counsel to sign a settlement agreement waiving statutory rights. Note that a waiver of contractual and common law rights is possible without formalities.
United States
Waivers of certain rights are generally enforceable in exchange for valuable consideration, though their enforceability and permitted scope vary from state to state. Waivers of certain statutory rights (such as federal age discrimination claims under the ADEA) are only valid if they meet specific statutory requirements (eg, for a waiver of ADEA claims, they must include certain acknowledgements and a specific consideration and revocation period).
There are certain claims that generally cannot be waived as a matter of law, including workers' compensation claims, unemployment claims and the right to file or participate in certain administrative claims (eg, a charge of discrimination filed with the EEOC). Additionally, per the US Securities and Exchange Commission (SEC), an employer cannot require an employee to waive their right to participate in a monetary recovery in connection with a whistleblower claim brought before the SEC.
State or local laws may impose additional requirements. For example, employers are seeing more laws restricting the use of arbitration agreements and non-disclosure agreements for harassment and discrimination claims. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act took effect, and President Biden signed the Speak Out Act limiting the enforceability of pre-dispute nondisclosure and non-disparagement clauses for sexual assault and sexual harassment. Various states have passed similar laws limiting the use of nondisclosure provisions.
Venezuela
Any waivers made by the employee are only effective if implemented through a binding settlement agreement that is previously approved by a labor court or the Labor Ministry. Such authorities must verify that the settlement agreement ensures the employee's rights before granting approval. Out-of-court agreements are not binding.
Vietnam
The waiver of statutory rights is not regulated by labor laws and may be unenforceable in practice.