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Old 12.09.2012, 11:16
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Rights to Incentive plan payment after termination

I have had my contract terminated after 10years in June , I have been given the 4 months as per my contract no problem also last years IP payment.
My official termination date is Oct 31, the rights to IP for 2012 are that you are in employment as of August 31st , the company say I'm not entitled to it.
I have seen somewhere in Swiss law that you are entitled to all benefits up to the last day of employment can anyone point me to this document.
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Old 12.09.2012, 12:00
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Re: Rights to Incentive plan payment after termination

The internal regulations of your company are legally binding. For both parties. It is very likely the the IP is part of the general company regulations. (Art. 37, 38, and 39 of Loi sur le travail)

But the regulation may mention that your are only eligible if your employed and not under notice of termination at the end of August. Please check the exact wording..
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Old 12.09.2012, 12:01
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Re: Rights to Incentive plan payment after termination

Welcome to the forum. Sorry about your job loss.
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Old 12.09.2012, 15:13
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Re: Rights to Incentive plan payment after termination

Thanks ,
I trawled the web in June and came up with a statement that all entitlements ie BUPA pay etc continued till you last official day of employment which although I was told in June my final payday is end of Oct so I am employed till then.
You know how it is when you see a item but can never get back to it.
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Old 13.09.2012, 12:11
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Re: Rights to Incentive plan payment after termination

Generally speaking you are entitled to all benefits through the last day of your employment. However, an incentive plan does not qualify as such a benefit.
Your right depends on the exact wording and structure of your IP plan (as has already been pointed out above). The 'incentive' may actually qualify as part of your salary, in which case you are entitled to it (Art.322 or 322a vs. Art. 322d of the Swiss Code of Obligations).
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Old 13.09.2012, 12:41
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Re: Rights to Incentive plan payment after termination

Quote:
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Generally speaking you are entitled to all benefits through the last day of your employment. However, an incentive plan does not qualify as such a benefit.
Your right depends on the exact wording and structure of your IP plan (as has already been pointed out above). The 'incentive' may actually qualify as part of your salary, in which case you are entitled to it (Art.322 or 322a vs. Art. 322d of the Swiss Code of Obligations).
Great that was the text I saw, many thanks for that.

Shaun
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