The correct procedure is very important for employers when terminating an employment relationship. As a lawyer for employers, we provide comprehensive advice to ensure that all legal requirements are met.
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Sometimes dismissals are unavoidable, whether for economic, operational or personal reasons. As an employer, you should always clarify all legal and contractual requirements in order to avoid mistakes. You must check whether ordinary dismissal is possible or whether you can take the route of extraordinary dismissal. Particular attention must be paid to the notice periods, blocking periods due to illness and the like, as well as any unfairness of the termination. Is termination permissible in this case and how should it be carried out? Our lawyers will provide you with comprehensive advice. Here is a rough overview.
What is important in the event of termination by the employer?
Before giving notice of termination, the employment contract should always be checked first. The following questions in particular should be clarified:
1. Is the employment relationship fixed-term or permanent?
A fixed-term employment relationship ends with the passage of time and cannot be terminated with notice. In the case of an open-ended employment relationship, both the employee and the employer have the right to give notice of termination to the other party.
2. Have special formal requirements for cancellation been contractually agreed?
Unless otherwise stipulated in the employment contract or collective labour agreement, notice of termination may be given verbally or in writing. For reasons of proof, we recommend sending the notice of termination by A Mail Plus or registered mail or handing it over in person against signature of a confirmation of receipt.
3. Are there different notice periods?
In accordance with the Swiss Code of Obligations, the employment relationship can be terminated at the end of each month subject to the following notice periods:
1 month in the 1st year of service
In the 2nd-9th year of service 2 months
From the 10th year of service 3 months
Deviating notice periods in accordance with the employment contract or, if applicable, the collective labour agreement remain reserved.
4. Which form of termination is chosen?
A distinction is made between ordinary termination (in compliance with the notice periods) and extraordinary termination (without notice). Ordinary termination is the normal case.
In the case of ordinary termination, it must be ensured that the notice periods are observed, that there is no blocking period (e.g. due to illness, accident, pregnancy, etc.) and that there is no abusive behaviour (e.g. termination due to age, conflict termination, etc.).
Extraordinary termination is only permitted in exceptional cases and requires good cause that makes it unreasonable for the employer to continue the employment relationship. In addition, extraordinary dismissal must be announced within 2-3 days of the employer becoming aware of the reason.
What else do employers need to consider?
Reasons for dismissal
Clarifying the protection against dismissal
Observe special protection against dismissal
Collective agreements or references in employment contracts
Involvement of employee committees
Formalities when giving notice of termination
Possible alternatives to dismissal
As a lawyer for employers, we help employers to protect their rights and overcome legal challenges. Timely advice can help to avoid far-reaching mistakes or to be able to react appropriately to problems. Our lawyers support you in taking the appropriate and necessary steps.
