Icon wrote:It is a lose-lose situation.
If you get fired, they can skip some extra cash benefits for you, as you would get a bad evaluation. Especially if you insult your boss. But they still have to pay more than if you quit. So most businesses try their best to make your life hell and force you to quit, hence, they "win" on most accounts. That is why telling you that you do a bad job and other strategies like relegating you to a corner and not giving you any work, or taking micromanagement to sky high levels or just being plain nasty, are all part pof the plan to force you out... Therefore, the plan here as you see does not go in your favor.
Reminds me of Police Academy. You do not want to be there but you can't quit and then they won't let you out...
It depends on the reason for the termination.
Option 1: The employer terminates the contract with advance notice (LSA Art. 11). Severance pay is required, plus salary for the notice period (10 to 30 days), plus two days paid leave per week during the notice period. If the employer doesn't want the employee to come to work during the notice period, the salary still needs to be paid.
Option 2: The employee terminates the contract without advance notice (Art. 14). Severance pay is required. (Severance pay may be slightly less this way, because the option 1 notice period makes the period of service slightly longer.)
Option 3: The employer terminates the contract without advance notice (Art. 12). There is no severance pay.
Option 4: The employee terminates the contract with advance notice (Art. 15). There is no severance pay.
What does either party need to use one of these options? Basically,
Option 1: Acceptable if the employer is downsizing due to demonstrable economic hardship or if the employee is demonstrably incompetent.
Option 2: Acceptable if the employer harms the employee (serious insult, violation of labor law, etc.).
Option 3: Acceptable if the employee harms the employer (serious insult, serious violation of the contract, etc.).
Option 4: Acceptable if the contract has no expiry date or if the employee has already worked at least three years.
(A variation of option 1 is Art. 13, for natural disasters etc.)
The above is based on the assumption that the Labor Standards Act applies.
If the employee wants to be laid off as in option 1, and the employer is willing to pay severance pay to get rid of the employee, the employer may still hesitate because it's possible for a court to confirm the ongoing existence of the employment relationship (i.e. because no proper termination occurred), leaving the employer on the hook for salary until the termination is properly conducted (Civil Code Art. 487).
If both sides want to terminate the contract but have doubts about any of the four standard options, they can negotiate and sign a settlement absolving each other of responsibility as long as certain conditions are met (e.g. "you pay me $x within 30 days, and then it's over"). The safe way to do this is through mediation, because if both parties accept a mediated settlement, it will automatically be accepted by a court as a final judgement with no possibility of appeal. This means if the party required to pay refuses to pay, the court will seize that party's bank account or what have you, without any lawsuit needing to be filed.