26 Apr, 2024 by Marianne Favre Moreillon

The requirements for an amendment-termination under Swiss law

26 Apr, 2024 by Marianne Favre Moreillon

Employment contracts are not set in stone, and often need to be adapted to the company's new organizational needs. When it comes to granting a promotion or a pay rise, no problem! However, when the change is unfavorable, the situation becomes more complicated. In such cases, the employer must comply with the strict procedure of an amendment-termination.

Circumstances may make certain contractual changes necessary. When the modification is unfavorable to the employee, the employer must resort to an amendment-termination, which is subject to strict conditions.

This article covers the following topics: 

  • what is an amendment-termination
  • proposed contractual changes
  • acceptance by the employee
  • modifications in favor of the employee
  • lawfulness of an amendment-termination
  • content of the notice of modification
  • entry into force of modifications
  • consequences if the employee refuses
  • employee's silence
  • unfair dismissal

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