1 Feb, 2016 by Marianne Favre Moreillon

Consensual termination of the employment relationships

1 Feb, 2016 by Marianne Favre Moreillon

In certain tense and delicate situations, it may be in the interest of the parties to the employment contract to terminate their relationship by mutual agreement. How to proceed?

A termination agreement is an agreement in which the employer and employee mutually agree to terminate the employment contract. The employee loses many of his rights by signing such an agreement. For this reason, the Federal Court has set out conditions of validity that must be respected.

This article develops the following topics:

  • the concept of termination agreement
  • the effect of the termination agreement on the right to salary and the protection against untimely dismissal
  • Conditions for the validity of a termination agreement
  • situations in which it is appropriate to have a termination agreement
  • cooling-off period
  • Form and content requirements of the termination agreement
  • cooling-off period
  • requirement as to the form and content of the termination agreement
  • consequences of the absence of a clear will of the employee
  • validity of a unilateral waiver

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1 Mar, 2010 byMarianne Favre Moreillon