American actress Gwyneth Paltrow recently announced that she is ending her marriage to Coldplay singer Chris Martin through “Conscious Uncoupling.” This is a process in which the partners examine not only the relationship but also themselves and their lives. Each person takes responsibility for the situation that arose. This avoids falling into a blaming atmosphere or one party feeling like a victim.
For labor law, it is also very important to consider how to terminate the employment relationship. The average life expectancy is increasing, the workforce will have to work longer. Neither employer nor employee likes to enter into a lifetime employment contract. There must be variety and flexibility. The process of consciously decoupling would be a very interesting addition to the current practice of termination by mutual consent. With the difference: no negative energy, no blaming, the employee does not take on the victim role.
The following conditions are (in any case) required for this:
– 360-degree conversations in which employee and employer openly and respectfully evaluate the employment relationship, each other’s roles, and mutual ambitions. These conversations can – eventually – lead to the deliberate separation;
– flexibility: continuous development / education of the employee. A stagnant employee with outdated knowledge will not quickly opt for an exit. A personal development plan can be useful to monitor and promote continuous development;
– mobility: a career budget / transition allowance (Work and Security Bill) in which the employer and employee build up a credit during the employment contract for a career switch. The only condition for invoking this budget should be that the employment contract ends. Whose initiative it is should not matter. It seems logical to me that the employee also saves for this and therefore bears joint responsibility. Unfortunately, the life course scheme was abolished on January 1, 2012 due to lack of success, but such a tax-favorable scheme would, in my estimation, contribute to labor mobility;
– at the time of the disconnection/termination: agreements on competition, confidentiality, and relationships (post-contractual obligations);
– a neutral wording of the termination, so that the employee can claim unemployment benefits if desired.
A “mobility clause” in which the employer’s intention to “consciously” terminate the employment contract by mutual consent, with a brief description of the process and conditions, would in my opinion not be out of place in a modern employment contract or general employment conditions.
See also:
http://www.goop.com/journal/be/conscious-uncoupling
http://edition.cnn.com/2014/03/26/living/gwyneth-paltrow-conscious-uncoupling-elle/index.html
