Switzerland is a society where the aging of the population is constantly increasing. In the face of the competitive job market, the issue of employment and dismissal of older workers is unfortunately a topical one.
When an employee is close to retirement age, he or she may not be as motivated as before. An older employee may also find it difficult to adapt to new technologies or may not work as quickly as a younger worker. The employer is sometimes tempted to dismiss the employee because of his or her work performance, which is considered to be average or even poor, and to replace him or her with a younger employee.
Protection of personality
When an employee close to retirement age is dismissed, it is often difficult for him or her to find a job afterwards. Employers are often reluctant to hire older employees because of the social security costs involved or because of the fear that they will become incapacitated.
Employers have an increased duty of care towards their older employees. Dismissal of an employee close to retirement age is likely to be considered wrongful if the employer does not take adequate measures beforehand.
Working after retirement age
After reaching retirement age, employees sometimes wish to continue working, for economic reasons or simply to remain active.
Reaching retirement age implies changes in social security contributions and in the OASI and Vested Benefit Act pension, to which the employer must pay particular attention. In addition, the employee may no longer be covered by the company's loss of earnings insurance. It is recommended to modify the employment contract of the employee who has reached retirement age to adapt it to his specific situation.