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)