26 Apr, 2024 by Marianne Favre Moreillon

The requirements for a modification leave 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 a modification leave.

Circumstances may make certain contractual changes necessary. When the modification is unfavorable to the employee, the employer must resort to a modification leave, which is subject to strict conditions.

This article covers the following topics: 

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

Top Articles