Termination of employment in the private sector

In the private sector, employment contracts can be terminated for a number of reasons. You first need to clarify what situation you find yourself in:
 

Regular termination:

In general, the principle of “freedom to terminate” applies to employment relationships under Swiss private law. This means that both the employee and the employer are free to terminate the employment contract at any time and by observing the regular notice period. This is the norm and, in most cases, it suits both the employer and the employee. If you are an employee and you want to terminate your employment contract, you can use our simple letter template.

The notice period can be found either in the employment contract, the framework agreement, the collective employment contract (GAV) or, last but not least, in the Code of Obligations (Article 335c OR). You will normally carry on working up to the end of the notice period. In some instances, the employer will relieve you of your duties for all or part of the notice period. However, in both cases, you will still be entitled to your salary throughout the notice period. Holidays and overtime may be compensated for by a leave of absence.

Wrongful termination

In exceptional cases, the law will consider the termination to be wrongful, namely if the reason for termination is one of those listed in Art. 336 para. 1 and 2 of the Code of Obligations (OR). An example of wrongful termination would be if you have accumulated a lot of extra hours and you ask for them to be paid out, but your employer responds by terminating your employment contract. This is known as revenge termination.

A wrongful termination is still valid, but it results in an obligation on the employer’s part to provide compensation. Unfortunately, wrongful termination is often very difficult to prove. If you have enough evidence to suggest that the termination was wrongful, you can use our letter template and appeal against it.
 

Invalid termination

Termination by your employer during pregnancy, maternity leave or military service is invalid. In the event of illness or an accident, you are protected from dismissal for a certain amount of time. The length of the period will depend on how many years you have been working for your employer (see Art. 336c OR). Your employer cannot dismiss you during this blocking period. If they do so anyway, you must inform them that the termination is invalid. Our letter template will help you write this letter.

Termination without notice

Termination without notice means termination with immediate effect and no notice period. The entitlement to a salary ends immediately. It is very rarely justified. Namely, only if the employee’s conduct ruins the relationship of trust between them and the employer to such an extent that continuation of the employment relationship can no longer be reasonably expected.

Examples include criminal activities in the workplace; repeated or general refusal to work; working with a competitor; disclosing trade secrets; accepting bribes; assaulting or insulting superiors or colleagues; sexual harassment in the workplace. To determine whether the misconduct was serious enough, the situation must always be considered on a case-by-case basis. If there are any doubts about whether the termination without notice was justified, use our letter template to contest it in writing and demand written justification from the employer.

Tips for dealing with termination of employment

Whether regular termination or termination without notice, we recommend that you request written justification for the termination. This document could be useful to you if you appeal against the termination. When contesting the termination, be aware of the response deadlines. In the case of termination with notice, you can contest the termination up to the end of the notice period. In the case of termination without notice, you must respond within a maximum of three days of being notified of the termination.

In any case, we recommend that you start looking for work and register with the regional employment office (RAV) immediately after being released. Otherwise, the unemployment insurance fund could reduce your unemployment benefit. If you have any further questions, please do not hesitate to contact us. We are happy to advise you on legal matters.