In the case of an indefinite-term contract (hereinafter referred to as CDI), either party may terminate the contract by respecting the notice period. However, in the case of a fixed-term contract (hereinafter referred to as CDD), parties can only terminate the contract prematurely through immediate dismissal.
For indefinite-term contracts, the notice periods must be the same for both parties. After the probationary period, the statutory notice period is 1 month during the first year of service, 2 months from the 2nd to the 9th year of service, and 3 months from the 10th year of service. A reduction of the notice period by written agreement is possible, but the notice period cannot be less than 1 month.
The party receiving the notice of termination may request the terminating party to provide reasons for the dismissal. The purpose of this motivation is mainly to allow the employee to assess whether the reason for the dismissal falls within the legal framework. However, the lack of motivation or missing motivation does not affect the validity of the dismissal. It may at most be an indicator of the abusive nature of the dismissal.
Regarding abusive dismissal, it is penalized by compensation, which will be determined by the judge taking into account all circumstances, but cannot exceed 6 months' salary. However, there is an exception in the case of non-compliance with the procedure for collective dismissals, where the sanction is a maximum of 2 months' salary.
To claim compensation for abusive dismissal, it is necessary to file a written objection with the employer. The objection must reach the employer before the end of the notice period, and then a legal action must be initiated within 180 calendar days.
Protection against abusive dismissals applies to all ordinary dismissals, including during the probationary period.
Finally, regarding a modification of the employment terms, this results from new working conditions imposed by the employer on the employee, which will only come into effect at the end of the notice period if the employee accepts the continuation of the contract under the modified conditions. It is allowed if the proposed modification is not unfounded and provided it only comes into effect at the end of the notice period. If these conditions are met and the employee accepts the modifications, the employment contract will continue.
However, if the employee refuses to continue the employment despite the conditions being met, the employment relationship will end without it being considered an abusive dismissal. On the other hand, compensation for abusive dismissal may be claimed if the employer did not respect the effective date of the modifications, the employee refused them, and as a result, lost their job.
Has your employer terminated your employment contract, and you suspect the termination is abusive, or does your employer want to impose new working conditions that you do not agree with? Our team of professionals will be delighted to welcome you to our offices located at rue du Valentin 1, 1004 Lausanne, Switzerland, to assist you in your steps and is also at your disposal for any further comments.
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