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Old 31.03.2017, 17:18
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Dismissal compensation

Hello everyone,

if your employer would offer you to terminate your full time employment contract with a NDA where basically you communicate that it's you to quit the job and not the employer that is terminating the contract. Also the employer is open to discuss a dismissal compensation for that.
How would you calculate this dismissal compensation? Which elements you would consider?

Thanks,
Richard
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Old 31.03.2017, 17:21
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Re: Dismissal compensation

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Hello everyone,

if your employer would offer you to terminate your full time employment contract with a NDA where basically you communicate that it's you to quit the job and not the employer that is terminating the contract. Also the employer is open to discuss a dismissal compensation for that.
How would you calculate this dismissal compensation? Which elements you would consider?

Thanks,
Richard
You should factor in all the unemployment benefits you will be penalised for, for starters.

Walking out of a job carries a hefty waiting time if you want to claim.
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Old 31.03.2017, 17:21
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Re: Dismissal compensation

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Hello everyone,

if your employer would offer you to terminate your full time employment contract with a NDA where basically you communicate that it's you to quit the job and not the employer that is terminating the contract. Also the employer is open to discuss a dismissal compensation for that.
How would you calculate this dismissal compensation? Which elements you would consider?

Thanks,
Richard
Garden Leave - 3 months for a regular Joe up to middle management employee and 6 months for top of the shelf, upper level management.
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Old 31.03.2017, 17:31
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Re: Dismissal compensation

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Hello everyone,

if your employer would offer you to terminate your full time employment contract with a NDA where basically you communicate that it's you to quit the job and not the employer that is terminating the contract. Also the employer is open to discuss a dismissal compensation for that.
How would you calculate this dismissal compensation? Which elements you would consider?

Thanks,
Richard
Whatever you think they will gain from this approach, plus some, as a starting negotiation point.

With the walkaway being whatever you would get if they do it the normal way.
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Old 31.03.2017, 17:36
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Re: Dismissal compensation

It clearly benefits your employer more if you resign: either by money or reputation or having no questions asked by the RAV etc.

Why is this? I can think of one or two reasons that may be acceptable if your employer is otherwise OK.

Generally though, resigning means no RAV money for some time so any payoff has to account for this.
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Old 31.03.2017, 17:47
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Re: Dismissal compensation

I would consider it as an upper management position as the person is part of the senior management and has "signature collective deux" (joint signatures by two authorized members) at the chamber of commerce.

The benefits are more on no questions to be asked and destabilization of the environment if the truth would come out.
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Old 31.03.2017, 20:34
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Re: Dismissal compensation

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Generally though, resigning means no RAV money for some time so any payoff has to account for this.
What is communicated in the company announcement and what is agreed in a document of mutual agreement don't have to be the same. I've done many agreements where it is clear that the company made the decision (and confirms that to RAV), but the public announcement points towards a decision by the employee and a friendly departure.
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Old 31.03.2017, 21:45
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Re: Dismissal compensation

Ask if you can be paid or stay til you find a new job!
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Old 31.03.2017, 21:56
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Re: Dismissal compensation

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I would consider it as an upper management position as the person is part of the senior management and has "signature collective deux" (joint signatures by two authorized members) at the chamber of commerce.

The benefits are more on no questions to be asked and destabilization of the environment if the truth would come out.
in that case, perhaps better to ask a lawyer or a specialized consultant for compensation as this seems to be a situation where a RAV penalty amount is less relevant. also, take the NDA serious and don't post about it on internet forums.
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