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 the dismissal of employees is unavoidable in individual cases. Regardless of the reasons for a dismissal. As an employer, you should always clarify all contractual requirements in order to avoid mistakes in the event of a dismissal. You must check whether ordinary termination is possible or whether extraordinary termination is the only option. Notice periods and any involvement of employee committees are also prescribed in some cases. How must notice of termination be given in Switzerland? 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 duly terminated. In the case of an open-ended employment relationship, both the employee and the employer have the right to give notice to the other party.
2. Have special formal requirements for cancellation been contractually agreed?
Unless otherwise agreed in the contract, a cancellation can be made verbally or in writing. It must be justified in writing at the request of the receiving party. Unless there is good cause for termination without notice, the notice periods and any blocking periods must be observed. We recommend that the notice of cancellation be in writing and handed over personally against signature of a receipt.
3. Are there different notice periods?
If different notice periods have been agreed, it must be checked whether these regulations are permissible.
4. Which form of termination is chosen?
There is ordinary termination and extraordinary termination. In the case of ordinary termination, there are no special grounds, only notice periods and dates must be observed. In the case of extraordinary termination, there must be an important reason, but deadlines and dates do not have to be adhered to.
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.
