Taking out loss-of-income insurance in the event of illness or accident for employees can be a wise choice for employers. This type of social benefit enhances the company’s attractiveness and promotes employee retention, while also allowing better control over costs related to absences. In this context, the employer may agree with employees on an arrangement releasing them from the obligation to continue salary payments, in exchange for setting up insurance covering incapacity to work.
In her new contribution, entitled “The Derogatory Agreement (Art. 324a para. 4 CO) and the Employer’s Liability in Case of Non-Performance,” Me Elodie Le Guen outlines the conditions required for such an agreement to be validly concluded, as well as the situations that may give rise to the employer’s contractual liability.
To order the book: From the Courtroom to the Lecture Hall: Cross-Disciplinary Perspectives in Labour Law / Lausanne Collection
