Don't hesitate to contact T. Villiger, specialized employment lawyer on tel. 043 535 00 85 / villiger(at)ad-voca.ch or via Internet. We look forward to helping you.
The length of the notice period depends on various factors, such as the length of the employment contract, etc. After the probationary period, employment contracts often provide for notice periods of 2-3 months, and for top management 6 months.
In Switzerland, an employment contract basically can be terminated unilaterally for any reason if the formal criteria are met. However, in certain cases, such as illness, maternity or military service, a notice of termination by the employer may be null and void or the notice period may be extended.
It is up to employer and employee to close a mutual release and termination agreement. However, such an agreement should be carefully drafted and reviewed by a lawyer, especially with regard to the possible compensation of vacation and overtime credits, bonus payments, non-competition clauses, shortening of notice periods, job references, waiver or balance clauses. They entail great risks for both employees and employers, also regarding the unemployment insurance. If the employee has received a termination agreement for review or signature, they should waste no time and seek legal assistance quickly. Often, the deadlines by the employers are short.
To terminate an employment contract without notice period, there must be good cause, such as criminal offenses, gross breaches of work duties or loyalty, serious bullying or a threat to wages. Even if there is no good cause, the termination remains valid. However, the question of compensation arises, see below.
An employer's dismissal may be abusive under certain circumstances if it is due to a personal characteristic of the employee, such as religious affiliation, marital status, age, the manner of dismissal or the exercise of a constitutional right or contractual entitlement by the employee, etc. The dismissal remains valid, but the employee may be entitled to compensation.
Normally, no compensation payment is due. However, in certain cases you may be entitled to compensation if you are dismissed unjustified without any notice period. The same applies to unfair dismissal. In the latter case, the employee must comply with the statutory time limits during the notice period and within 180 days thereafter.
In contrast to a dismissal by the employer, a garden leave has no influence on the duration of the employment relationship, but merely releases the employee from work performance with continued payment of wages. A leave of absence is usually an issue in connection with dismissals and is either unilaterally ordered or bilaterally agreed.
There are special considerations when terminating a job/position following an internal complaint of sexual harassment.
Don't hesitate to contact us on tel. 043 535 00 85 / villiger(at)ad-voca.ch or via Internet.
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