Hi all,

My employer has currently made redundant some people on all levels and has offered them a generous severance package (notice period plus multiple months of salary) without this being in their contracts as a mandatory obligation.

In my team and cost center, to avoid offering the severance package when made redundant, I was asked to take a job with hugely different responsibilities (not even close to my profile). Do I have any right to decline that offer and demand the same package? Are there any grounds to get a lawyer involved?

Hi,
I don't think I can provide a direct answer, but, this is how I would see things:
- are you from the EU ? if yes then you are not dependant on this employer so you can have a discussion regarding the new "promotion"
- either way I think it's time to update your CV and start applying
- can you "survive" with your current resources if, let's say, tomorrow they say your services are not required anymore
- and in the end it depends what you do for work and if your position is sought after by companies.
Good luck

How big is the company, and how what is the share of employees affected by the layoff? If this counts as "mass redundancy", the employer needs to consult with staff before the reorg, and I know of a case where someone managed to get into the severance group after turning down an offered position. The person did seek legal advise, but I don't know details.

Thanks for your thoughts.
Yep, residency is not dependant on the employer, so there will be a discussion. Not sure if the severance package is fully up to their discretion or one can claim that this is equivalent to redundancy.

Nevertheless, agree with you, CVs on the way...

The term you need is Änderungskündigung. I'm not sure why, but this magic word meant instead of being demoted, I got a nice severance package. I think that them changing your job can under certain circumstances open up the employer to legal action. A chat with a lawyer might be enlightening. What they must do is respect the notice period of your current job.

In the title you mention a lower lever job, in your post you mention vastly different responsibility.

Is it really a lower level.job? Are they cutting your benefits? Are they really trying to screw you over or maybe really want to retain you in a different job?

If it's a big company there is likely a project budget to cover costs of eliminating positions and this does not impact the bottom line so typically line managers like to avail themselves of this and solve problems quickly.

There is no obligation of a redundancy package in Switzerland unless specific conditions are met etc.

What are you ultimately looking for?

In Switzerland: Yes. Companies btw dont offer redundancy packages "for free" - there might be caveats that come with them. Simple example: I have a "no compete" clause in my contract: If I quit am I not allowed to approach my current clients for a specified time. These clauses are legal if reasonable, specific enough and not stopping me from earning a living. If the company fires me, that clause is not applicable... so they might offer certain roles in your company a package in exchange for them not directly running off to the competition and taking clients with them. At least thats how I have seen it done in CH.

is it just you that is being singled out or all your team/cost center?

Thanks, wrote the magic word down

Well it is both - lower in terms of responsibility and also very different profile. Example only for illustration: from accountant with multiple projects and streams to legal associate with mostly clerical tasks.

I know there is no obligation to give a severance package, normally would not mention it but it kind of feels wrong if everyone gets it.

Ultimately, the severance package makes the most sense to me. Changing career in the offered direction is almost an insult..

Are they lowering your salary?

If not, regardless of what you want, the company may be under no obligation to give you a severance. It's not how it works in CH. If they decided to close down a whole department perhaps they got severance but then a single role does not.

If you do not like the new role/don't think it's good enough then let them know you wil not be taking it and wait for their next move. Severance may.come or a some dismiss. Alternatively take the new job and find another one asap.

The word the comes to mind is constructive dismissal. They know you'll be unhappy with the new role and will hopefully leave and/or they will have an excuse to fire you soon after you start because you're not doing the job they claim you should be.

I think you're f**ked to be honest. Maybe you can get a redundancy package, but my guess is that they're offering that to keep everyone quiet. Maybe they out-sourcing that work and don't want anybody to take them to the cleaners.

Since they're not out sourcing your job, they just want to get rid of you, they doing so my making your life hell.

Possibly but it is not difficult to sack somebody here, just follow the contract that is equal to both sides and that's it.

I was under the impression you can file for unfair dismissal if they get rid of you bc management changes and the new boss doesn't like you face. Although staying on subject, this doesn't seem to be the case here. The plaintiff is saying their job is being retired, downgraded.

A big pharma company I worked for fired my entire department … besides very senior management, they did everything they could to get people to quit so they would not have to pay out a severance. It was borderline cruel and anyone that stuck it out deserved whatever severance they finally gave and then some.

I found another job and I suggest you do the same OP, a much healthier solution. All the best!

You can, but any employer with an iota of brain can get around this without too much difficulty "restructuring" covers most areas

The good news is that many managers don't have an iota of brain and bring in HR far too late.

Is that why there are so many managers on EF ?

You have every right to refuse but think what might happen then.

Firstly, read what is in your contract. In most cases employement agreement can be terminated by both parties given a notice period. Unless you negotiated a special severance package, you are not entitled to it. Company may offer it at its discretion, especially when firing many people, to avoid unwanted noise.

Secondly, have you considered that they want to keep you, yet in another role? Perhaps they are not able to offer previous conditions, or you are not able to perform current task, yet still they see a potential in you and want to keep you, although with other conditions. Open conversation with management would not hurt.

Finally, you can accept the offer, they will/should change your agreement respecting notice period. If you choose to reject their offer, then position is terminated and after notice period you will be unemployed.

As many correctly noted - choice is yours, consider market demand for your skills, your rainy day fund, CV implications, ability to negotiate with the company etc..