We help you regarding the termination of your employment / dismissal / mutual termination under employment law in Switzerland.
The term of notice periods depends on different prerequisites such as the term of the employment etc. After the probation period, employment contracts often provide notice periods between 2-3 months and for top management 6 months.
In Switzerland, a work contract can be terminated without any specific ground. However, in certain cases such as illness, motherhood or military service a notice of termination may be null and void or may prolonge the notice period.
Normally, no compensation is due. However, in case of instant dismissals without notice period and without any justification a compensation may be due. The same applies for abusive dismissals. In the latter case, the employee needs to adhere to compulsory legal deadlines during the notice period and within 180 days thereafter.
Termination agreements are bilateral contracts between employer and employee in order to settle the end of an employment definitely. Often they provide for shorter notice periods and confine other employee rights while paying a compensation or severance payment. They bear risks for both employers and employees and need to be checked by a lawyer.
An employment agreement may provide garden leave during the notice period, which often means that the employee shall continue to receive the normal fixed salary without being obligated to work (with certain exceptions). There are a lot of specific problems to be looked at such as bonus payments or a company cars.
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