1 Dec, 2018 by Marianne Favre Moreillon

Modification-leave: 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. A modification leave occurs when the employer terminates the contract while suggesting to conclude a new contract with less favorable conditions for the employee. The leave of absence 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 modification leave
  • effective date of the modifications
  • period of leave
  • revenge leave
  • collective modification leave


Top Articles

1 Mar, 2010 byMarianne Favre Moreillon