Question 1

Do executives receive higher severance?

Accepted Answer

Not necessarily by law, but often through collective agreements. Many collective agreements provide increased severance for executives, sometimes calculated at 1/3 month per year of seniority from the first year. The Syntec collective agreement, for example, provides specific severance for engineers and executives. It is essential to check the applicable collective agreement to know the most favorable regime.

Question 2

What is the notice period for a dismissed executive?

Accepted Answer

The legal notice period for an executive is generally 3 months (compared to 1-2 months for non-executives). This period may be extended by the collective agreement. During notice, the executive may benefit from job search hours (generally 2 hours per day). The employer may exempt the executive from serving notice but must then pay a compensatory notice allowance. In case of gross misconduct, there is no notice period.

Question 3

Are bonuses included in severance calculations?

Accepted Answer

Yes, regular and predictable bonuses are included in the reference salary for severance calculation. This includes the 13th month, recurring target bonuses, seniority bonuses, and holiday bonuses. Exceptional bonuses (wedding bonus, work medal) are generally excluded. The reference salary is calculated on the more favorable basis between the last 3 months (with prorated bonuses) and the last 12 months.

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