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Terminating an employment relationship
If the relationship between employer and employee is not governed by a fixed-term contract, both parties may end the contract at any time subject to a certain period of notice.When the employment contact is agreed for a fixed term, it ends on the date of expiry without an obligation to give notice. Notice may not be given before expiry of the period stipulated in the contract except for good cause or by mutual agreement.
The notice period is usually set out in the employment contract, in the standard employment contract of the sector in question or in the collective labour agreement. In the absence of a contract or regulation, the following provisions from the Swiss Code of Obligations apply:
- trial period: seven days
- first year of service: one month
- second to ninth year of service: two months
- tenth year of service and beyond: three months.
With the exception of the trial period, employment contracts may only be terminated at the end of a month and the letter of notice must reach the addressee before the beginning of the period of notice.
Unfair dismissal can be contested and gives the right to claim compensation. Dismissal can be unfair for the following reasons, for example, age, skin colour, religion, membership of a party or a trade union. People who have been unfairly dismissed should first of all raise objections to the dismissal, ideally in writing, prior to the end of the notice period, requesting that the employment relationship be continued. If it is not possible for the two parties to reach an agreement, the matter must be referred to the cantonal court. You can find more information on the procedures for labour disputes in our industrial tribunal section.
An employee cannot be dismissed during certain periods called protection periods: when absent from work due to illness, accident, pregnancy, military service, civil protection or relief aid abroad. Any dismissal during these times is invalid and is known as unlawful dismissal.
Before going ahead with a collective redundancy (dismissal of several employees as a result, for instance, of relocation of production facilities, restructuring, financial problems) the employer must consult the employees concerned or their representatives and inform the cantonal employment office.
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