1 Dec, 2018 by Marianne Favre Moreillon

Amendment-termination: caution !

1 Dec, 2018 by Marianne Favre Moreillon

Modifying an employee's employment contract is possible but, beware if the employee refuses. The employer must act with caution !

The employment contract is not inalterable and must be able to be adapted to the changing requirements and needs of the economy. An amendment-termination occurs when the employer terminates the contract while suggesting to conclude a new contract with less favorable conditions for the employee. The termination is subject to strict conditions that must be respected by the employer.

This article develops the following topics:

  • unilateral modification of the employment contract
  • dismissal and offer to conclude a new employment contract
  • refusal by the employee
  • conditions for the validity of the amendment-termination
  • effective date of the modifications
  • period of notice
  • revenge termination
  • collective amendment-termination

 

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