Unlike other European countries where termination of employment is subject to strict regulations, the Swiss Employment Law is rather relaxed when it comes to the dismissal of employees. At the moment the main legal frameworks regulating termination of employment in Switzerland are:
Each statute contains specific provisions about the treatment of workers by Swiss employers. Termination of employment in Switzerland may be ordinary or extraordinary.
Swiss employment contracts may be terminated by mutual consent, upon the expiration of a fixed term contract or by dismissal. The most employed type of dismissal in Switzerland is the ordinary termination of work relations. As a general rule, a permanent employment contract may be terminated by a Swiss company provided that a notice period has been given to the employee. Statutory notice periods in Switzerland vary from one to three months, depending on the time spent by the worker in the company. When the notice of termination is given by the Swiss company, the dismissal must be justified in writing.
Extraordinary dismissal will occur without any previous notice and disregarding the type of employment contract concluded with the Swiss company. The Employment Law establishes that extraordinary dismissal may happen in case the employer has committed a serious criminal act against the employer. In this case, the employment relations must be terminated within a short amount of time, usually two or three days.
The Swiss legislation contains specific provisions about collective dismissals. Swiss companies are required to give a 30-day notice of termination to the employees being dismissed. Swiss companies may appeal to collective dismissals in case of bankruptcy, but even so the employer must first consult with the workers and notify the Cantonal Labor Office. The Swiss company must also notify in writing the employees about:
For additional information about the reasons for dismissal, please contact out lawyers in Switzerland.
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