Switzerland: Termination of employment

Updating author: Thomas Kälin, MLL Legal Ltd (MLL)

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Summary

• An open-ended employment contract can be terminated by the employer or employee, either with notice or, where there is "just cause", without notice, subject to some restrictions. (See General)
• During the statutory probationary period of one month, the employer or employee can terminate the open-ended contract at any time with seven days' notice; thereafter the statutory notice period will depend on the employee's length of service. (See Notice periods)
• It is unlawful for the employer or employee to give notice of termination of an employment contract for one of a number of reasons defined by statute. (See Unlawful termination)
• After the end of the probationary period, the employer must not give an employee notice of dismissal at a number of specified times. (See Dismissal at an "improper" time)
• The employer or the employee may terminate the employment contract immediately at any time without notice for "just cause". (See Summary termination for just cause)
• No particular statutory requirements apply to matters such as notice periods or payments in redundancy situations, and the normal rules on termination of contract apply. (See Redundancy)
• Employers are not obliged to make any severance payments to most employees on termination of their employment. (See Severance payments)
• If one party terminates the employment contract for unlawful reasons, it must pay compensation to the other party. (See Compensation and damages)
• Employment litigation is generally governed by the Civil Procedure Code and disputes are typically handled by general civil or specialised labour courts. The law provides relatively strong protection for employees, particularly in cases of abusive or immediate dismissal. (See Termination disputes)