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Immediate dismissal – that’s a shock at first. Particularly in the case of an immediate dismissal without a warning. But can a termination without notice be contested? And if so, how? Find out more here.
In the case of immediate dismissal, the notice period agreed in the employment contract is waived. This often has far-reaching consequences – for both the employer and the employee. For this reason, termination without notice is only permitted under certain conditions: It takes an important reason. In other words, it is no longer reasonable for the person terminating the employment relationship to continue the relationship. This is the case if trust has been fundamentally destroyed (cf. Art. 337 Swiss Code of Obligations).
Serious misconduct at work that warrants summary dismissal include, for example,
But even a gross breach of duty, such as taking a vacation without authorization, would be reason enough for giving “no notice”. The same applies to deliberate deception: Perhaps it turns out that a person would not have been hired at all if they had not concealed certain sensitive facts.
In the case of a release from work, the termination must be duly terminated, i.e. in compliance with the notice period. The employee receives full salary until the end of the notice period, with the employer voluntarily releasing the employee from their work. This prevents the misuse of confidential information. Many employers are also aware that in the event of a court case, termination without notice can be much more expensive than release from work.
Employees can also terminate their employment without notice in certain situations, such as
However, resignations without notice by employees are relatively rare in practice. Not least because there is often a lack of proof in cases of wrongdoing or behavior that violates personal rights.
Yes, termination without notice is also legally binding, if it is only given orally. However, for reasons of proof, the written form is (additionally) recommended.
No, termination without notice requires no justification for the time being, to be legally valid. However, the counterparty may request a written statement of reasons.
If you have been given a verbal notice of termination, first request a written statement of reasons. After that, you should immediately protest in writing and state your view of the situation. Offer to continue working. If your employer cannot does not change their mind, a conciliation procedure follows. If this is also unsuccessful, you can contest the termination without notice in court. In Switzerland, proceedings before the arbitration board and the labor court are free of charge as long as the amount in dispute is less than CHF 30,000.
No. The contractually agreed employment relationship ends immediately. This applies even in the case of unjustified dismissal without notice, i.e. if the alleged misconduct did not take place at all or was not serious enough. Nevertheless, under Swiss labor laws, you can contest the dismissal without notice in court. At best, you’ll be compensated, but it won’t save your job.
The crucial question is: Was it really unreasonable to continue the employment relationship? If you suspect that the termination without notice was unjustified, you can file a complaint with the competent court. It is at the discretion of the court to decide whether there was an important reason in accordance with Art. 337 para. 1 of the Swiss Code of Obligations. Even if the court finds in your favor, the termination cannot be reversed. But you still receive financial compensation.
The statute of limitations on termination without notice lapses after five years. But it’s certainly an advantage not to wait too long if you want to contest a termination without notice.
In accordance with Art. 337c of the Swiss Code of Obligations, former employees who were wrongfully dismissed without notice are entitled to
But remember that employees who terminate their employment without notice without sufficient reason may also be required by the court to pay the costs. Under labor law, they are liable to pay damages to the company. According to Art. 337d of the Swiss Code of Obligations, compensation amounts to at least ¼ of the monthly salary and must be claimed within 30 days. Anyone who claims higher compensation must prove the damage incurred.
No. A termination without notice can be issued at any time and takes effect as soon as the counterparty becomes aware of it. There are no waiting periods, as with ordinary terminations. It doesn’t matter what the employment contract says.
It depends on the situation:
If you do not agree with a warning, you should defend yourself: Submit a rebuttal. If your employer refuses to remove the warning from the personnel file, your rebuttal will also be included in the personnel file. This way there is a statement from both sides.
The same applies to employees who are dissatisfied with their employment relationship: You should first point out the abuse in the workplace. If you are even thinking about terminating your employment without notice, you must first send your boss a written warning. This gives them the opportunity to improve. Terminating the employment relationship immediately without a serious incident would be inappropriate.
Labor laws stipulate that a dismissal without notice must be issued immediately after the event. This means that as soon as you learn about the decisive misconduct, you usually have two to three working days to make a decision. Larger companies are given a little more time because of longer decision-making processes. However, if you delay too long, you run the risk that the termination without notice will be successfully contested later.
Anina Sabourdy is an Online Editor at AXA. She researches and writes on various insurance topics and loves the versatility of her job.
