I am in the Netherlands, and my current contract stipulates that should they want to get rid of me, the company has to notify me 4 months in advance, whereas should I want to leave, I need to notify them 2 months in advance.
Do you have any sources on the legality of different notice periods in Europe?
The legal situation in Switzerland would (probably) allow for this. What it wouldn't allow is the reverse agreement. I.e. you can be fired in 2 month, but have to give 4 month notice.
There are three types of employment laws herearound:
- Statutes can be changed freely if both agree
- They can be changed only to the employees advantage. For example: minimum vacation days are 20 days. A contract can stipulate 30 days, but not 10, or 15 days
- Some statutes cannot be changed at all.
I can obviously not speak for all of Europe (plus INAL, etc), but would assume that it's comparable in most of Europe, or even more stringent in terms of employee protection. Employee laws here are quite liberal compared to other European countries.
Switzerland, default rules regarding termination (if I recall correctly).
* first month of work, 0 second notice
* rest of the first year of work, 1 month notice
* second year of work, 2 months notice
* years after third, 3 months notice
Impossible to terminate: pregnant women, before and also during the legal maternity leave. Common termination is the day upon returning to the office.
Personnel called up for the army or civil defence.
People on a fixed contract.
Employer must give notice but may be without reasons. Without reasons often leads to lawsuits, because terminated will claim one of the illegal (discrimination etc) reasons applies. Still cost of a lawsuit is normally not prohibitive.
In case of critical financial issue termination maybe shorter (mass-layoffs).
Do you have any sources on the legality of different notice periods in Europe?