When a working relationship comes to an end, the employer and employee often have an interest in parting ways by mutual agreement rather than through a traditional dismissal. departure agreement in Switzerland<\/b>, Also known as a termination agreement or convention, it allows for the final date, the compensation, and the conditions of exit to be set together. However, it must be balanced, otherwise it can be challenged.<\/p>\nWhat is a departure agreement?<\/b><\/h2>\n
It is an agreement whereby the employer and the employee terminate the employment contract by mutual consent, on a date of their choice. Unlike dismissal, neither party terminates the contract alone: the end of the contract is negotiated.<\/p>\n
No form is required by law, but a written document signed by both parties is strongly recommended. It avoids misunderstandings and serves as proof in the event of a dispute.<\/p>\n
Under Swiss law, the employee may not, during the duration of the contract and the month following its termination, waive claims arising from mandatory provisions of the law or a collective agreement (Art. 341(1) CO).<\/p>\n
In practice, a departure agreement is only valid if it contains the following elements: reciprocal concessions<\/b> of comparable importance. If the employee waives his leave entitlement or his protection in case of illness without any real compensation, the agreement may be invalidated by a court.<\/p>\n The discussion about leaving is fraught with emotions on both sides. A mediator, a neutral third party, helps each person formulate their real needs, rebalances the exchanges, and enables an agreement to be reached within a few weeks, without a judicial procedure.<\/p>\n For the employer, it is the guarantee of a safe departure and a preserved image. For the employee, it is the assurance of fair conditions of exit. Discover our support for Negotiating a dismissal in Switzerland<\/a>.<\/p>\n No. A contract requires the free agreement of both parties. The employee can refuse; the employer then retains the option to terminate the employment contract in accordance with the leave period and legal protections.<\/p>\n This depends on its nature and amount. Have this point checked by your trustee or advisor before signing.<\/p>\n The mediator facilitates the negotiation; he does not represent any party. It is useful for everyone to have the agreement read over by a legal advisor before signing, especially for large sums of money.<\/p>\n A well-negotiated departure agreement allows everyone to move on calmly. Contact our team<\/a> for a first confidential exchange, whether you are an employer or an employee.<\/p>\n To go further:<\/strong> check out our page Negotiating a dismissal in Switzerland<\/a>, Our support in Professional mediation<\/a> and our advice for one Salary negotiation<\/a> successful.<\/p>","protected":false},"excerpt":{"rendered":" When a working relationship comes to an end, employer and employee often have an interest in parting ways by mutual agreement rather than through a traditional dismissal. The severance agreement in Switzerland, also known as the agreement or termination agreement, allows for the setting of the end date, the compensation, and the conditions of departure together. However, it must be balanced; otherwise, it can be challenged. What is a severance agreement? It is an agreement by which the employer and employee terminate the employment contract by mutual agreement, on a date of their choice. Unlike dismissal, neither party terminates alone: the end of the contract is negotiated. No form is imposed by law, but a written agreement signed by both parties is strongly recommended. It avoids misunderstandings and serves as evidence in the event of a dispute. The key rule: reciprocal concessions In Swiss law, an employee may not waive, during the duration of the contract and the month following its termination, the claims arising from mandatory provisions of the law or a collective agreement (Art. 341(1) CO). In practice, a severance agreement is only valid if it contains reciprocal concessions of comparable importance. If the employee waives his leave entitlement or his protection in the event of illness without any real consideration, the agreement may be invalidated by a court. The points to negotiate The date of termination of the contract, compared with the statutory leave period: one month during the first year of service, two months from the second to the ninth year, three months thereafter (Art. 335c CO), unless otherwise contractually agreed. The release from the obligation to work during the remaining period, to devote oneself to finding a new job. The severance allowance. The law only provides for one in specific cases (an employee aged 50 or older with at least 20 years of service, Art. 339b CO). Beyond that, its amount is entirely negotiable. Non-used vacation time, overtime and bonuses: to be paid or paid. The work certificate (Art. 330a CO): its wording can be agreed upon in the agreement. The non-competition clause: retention, reduction or renunciation. The accompanying measures: outplacement, training, internal and external communication of the departure. The pitfalls to avoid: Losing your protection against dismissal. During illness or accident, the employer may not dismiss during the first 30 days of service, 90 days from the second to the fifth year and 180 days from the sixth (Art. 336c CO). A severance agreement is not subject to these periods: it must be taken into account during negotiation. Penalties for unemployment. The employer can impose suspension periods if it considers that the employee has lost their job through their own fault (Article 30 LACI). It is therefore useful for the agreement to specify that the end of employment relationships occurs at the initiative of the employer. Sign too quickly. Take the time to read the agreement and have it reread. A contract signed under pressure, without a period of reflection, is more easily contested. Why negotiate with the help of a mediator? The discussion about leaving a job is fraught with emotions on both sides. A mediator, a neutral third party, helps each side formulate their real needs, rebalances the exchanges, and allows an agreement to be reached in a few weeks, without a judicial procedure. For the employer, this is the guarantee of a secure departure and a preserved image. For the employee, it is the assurance of fair conditions of exit. Discover our support for negotiating a dismissal in Switzerland. Frequently asked questions Can I be forced to sign a departure agreement? No. A contract requires the free agreement of both parties. The employee can refuse; the employer then retains the option to terminate the employment in accordance with the leave period and legal protections. Is the severance pay subject to social security charges? This depends on its nature and amount. Have your trustee or advisor verify this point before signing. Do I need an attorney in addition to the mediator? The mediator facilitates the negotiation; he does not represent any party. It is helpful for everyone to have a legal advisor read the agreement over before signing, especially for large sums. Preparing a smooth separation A well-negotiated departure agreement allows everyone to move on with their lives in peace. Contact our team for an initial confidential exchange, whether you are an employer or an employee. To go further: check out our page on negotiating a dismissal in Switzerland, our support in professional mediation, and our advice on successful salary negotiation.<\/p>","protected":false},"author":3,"featured_media":2401,"comment_status":"closed","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12],"tags":[],"class_list":["post-3524","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-actualites"],"_links":{"self":[{"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/posts\/3524","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/comments?post=3524"}],"version-history":[{"count":1,"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/posts\/3524\/revisions"}],"predecessor-version":[{"id":3528,"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/posts\/3524\/revisions\/3528"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/media\/2401"}],"wp:attachment":[{"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/media?parent=3524"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/categories?post=3524"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.negomediation.com\/en\/wp-json\/wp\/v2\/tags?post=3524"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}The points to negotiate<\/b><\/h2>\n
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The traps to avoid<\/b><\/h2>\n
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Why negotiate with the help of a mediator<\/b><\/h2>\n
Frequently asked questions<\/b><\/h2>\n
Can one be forced to sign a departure agreement?<\/h3>\n
Is the severance pay subject to social security charges?<\/h3>\n
Do I need an attorney in addition to the mediator?<\/h3>\n
Preparing a separation in good conditions<\/b><\/h2>\n