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> GOVERNANCE - home > Employment protection legislation database - EPLex > Switzerland

Switzerland - Procedural requirements for individual dismissals


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Notification to the worker to be dismissed: written

Remarks:
  • However, according to Art. 335 (2) CO, the party giving notice should state the reason for terminating employment in writing if requested by the other party.
    The same rule applies in case of dismissal with immediate effect : art. 337 CO.

Notice period:
Remarks:
  • 1) For ordinary dismissals:
    According to art. 335c CO, the general rule on the notice period is the following:
    *1 month during the first year of service;
    *2 months between 2 and 9 years of service;
    *3 months over 9 years of service.

    These timeframes can be modified by written agreement, collective agreement but shall not be less than 1 month.
    Exceptions to this rule are permitted only during the first year of service and if set by a collective agreement (art. 335c (2) CO).

    2) Specific rules apply to FTC:
    No notice period is prescribed except for FTC concluded for up to 10 years (art. 334 (1) CO).
    For FTC concluded for more than 10 years, a notice period of 6 months should be respected by either party (art. 334 (2) CO).
    • tenure ≥ 6 months
      • 1 month(s).
    • tenure ≥ 9 months
      • 1 month(s).
    • tenure ≥ 2 years
      • 2 month(s).
    • tenure ≥ 4 years
      • 2 month(s).
    • tenure ≥ 5 years
      • 2 month(s).
    • tenure ≥ 10 years
      • 3 month(s).
    • tenure ≥ 20 years
      • 3 month(s).

    Pay in lieu of notice: No

    Remarks:
    • However, frequently the employer decides to release the dismissed employee from the obligation to work during the notice period. The release from the obligation to work is a unilateral legal act, exercised by the employer by virtue of his right to give directives and instructions, within the meaning of Article 321d CO. The release from the obligation to work does not imply the end of the employment relationship. The contract shall continue to have effect until the end of the notice period.

    Notification to the public administration: No

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    + show references

    Notification to the worker to be dismissed: written

    Remarks:
    • However, according to Art. 335 (2) CO, the party giving notice should state the reason for terminating employment in writing if requested by the other party.
      The same rule applies in case of dismissal with immediate effect : art. 337 CO.

    Notice period:
    Remarks:
    • 1) For ordinary dismissals:
      According to art. 335c CO, the general rule on the notice period is the following:
      *1 month during the first year of service;
      *2 months between 2 and 9 years of service;
      *3 months over 9 years of service.

      These timeframes can be modified by written agreement, collective agreement but shall not be less than 1 month.
      Exceptions to this rule are permitted only during the first year of service and if set by a collective agreement (art. 335c (2) CO).

      2) Specific rules apply to FTC:
      No notice period is prescribed except for FTC concluded for up to 10 years (art. 334 (1) CO).
      For FTC concluded for more than 10 years, a notice period of 6 months should be respected by either party (art. 334 (2) CO).
      • tenure ≥ 6 months
        • 1 month(s).
      • tenure ≥ 9 months
        • 1 month(s).
      • tenure ≥ 2 years
        • 2 month(s).
      • tenure ≥ 4 years
        • 2 month(s).
      • tenure ≥ 5 years
        • 2 month(s).
      • tenure ≥ 10 years
        • 3 month(s).
      • tenure ≥ 20 years
        • 3 month(s).

      Pay in lieu of notice: No

      Remarks:
      • However, frequently the employer decides to release the dismissed employee from the obligation to work during the notice period. The release from the obligation to work is a unilateral legal act, exercised by the employer by virtue of his right to give directives and instructions, within the meaning of Article 321d CO. The release from the obligation to work does not imply the end of the employment relationship. The contract shall continue to have effect until the end of the notice period.

      Notification to the public administration: No

      Notification to workers' representatives: No

      Approval by public administration or judicial bodies: No

      Approval by workers' representatives: No

      + show references

      Notification to the worker to be dismissed: written

      Remarks:
      • However, according to Art. 335 (2) CO, the party giving notice should state the reason for terminating employment in writing if requested by the other party.
        The same rule applies in case of dismissal with immediate effect : art. 337 CO.

      Notice period:
      Remarks:
      • 1) For ordinary dismissals:
        According to art. 335c CO, the general rule on the notice period is the following:
        *1 month during the first year of service;
        *2 months between 2 and 9 years of service;
        *3 months over 9 years of service.

        These timeframes can be modified by written agreement, collective agreement but shall not be less than 1 month.
        Exceptions to this rule are permitted only during the first year of service and if set by a collective agreement (art. 335c (2) CO).

        2) Specific rules apply to FTC:
        No notice period is prescribed except for FTC concluded for up to 10 years (art. 334 (1) CO).
        For FTC concluded for more than 10 years, a notice period of 6 months should be respected by either party (art. 334 (2) CO).
        • tenure ≥ 6 months
          • 1 month(s).
        • tenure ≥ 9 months
          • 1 month(s).
        • tenure ≥ 2 years
          • 2 month(s).
        • tenure ≥ 4 years
          • 2 month(s).
        • tenure ≥ 5 years
          • 2 month(s).
        • tenure ≥ 10 years
          • 3 month(s).
        • tenure ≥ 20 years
          • 3 month(s).

        Pay in lieu of notice: No

        Remarks:
        • However, frequently the employer decides to release the dismissed employee from the obligation to work during the notice period. The release from the obligation to work is a unilateral legal act, exercised by the employer by virtue of his right to give directives and instructions, within the meaning of Article 321d CO. The release from the obligation to work does not imply the end of the employment relationship. The contract shall continue to have effect until the end of the notice period.

        Notification to the public administration: No

        Notification to workers' representatives: No

        Approval by public administration or judicial bodies: No

        Approval by workers' representatives: No

        + show references

        Notification to the worker to be dismissed: written

        Remarks:
        • However, according to Art. 335 (2) CO, the party giving notice should state the reason for terminating employment in writing if requested by the other party.
          The same rule applies in case of dismissal with immediate effect : art. 337 CO.

        Notice period:
        Remarks:
        • 1) For ordinary dismissals:
          According to art. 335c CO, the general rule on the notice period is the following:
          *1 month during the first year of service;
          *2 months between 2 and 9 years of service;
          *3 months over 9 years of service.

          These timeframes can be modified by written agreement, collective agreement but shall not be less than 1 month.
          Exceptions to this rule are permitted only during the first year of service and if set by a collective agreement (art. 335c (2) CO).

          2) Specific rules apply to FTC:
          No notice period is prescribed except for FTC concluded for up to 10 years (art. 334 (1) CO).
          For FTC concluded for more than 10 years, a notice period of 6 months should be respected by either party (art. 334 (2) CO).
          • tenure ≥ 6 months
            • 1 month(s).
          • tenure ≥ 9 months
            • 1 month(s).
          • tenure ≥ 2 years
            • 2 month(s).
          • tenure ≥ 4 years
            • 2 month(s).
          • tenure ≥ 5 years
            • 2 month(s).
          • tenure ≥ 10 years
            • 3 month(s).
          • tenure ≥ 20 years
            • 3 month(s).

          Pay in lieu of notice: No

          Remarks:
          • However, frequently the employer decides to release the dismissed employee from the obligation to work during the notice period. The release from the obligation to work is a unilateral legal act, exercised by the employer by virtue of his right to give directives and instructions, within the meaning of Article 321d CO. The release from the obligation to work does not imply the end of the employment relationship. The contract shall continue to have effect until the end of the notice period.

          Notification to the public administration: No

          Notification to workers' representatives: No

          Approval by public administration or judicial bodies: No

          Approval by workers' representatives: No

          + show references

          Notification to the worker to be dismissed: written

          Remarks:
          • However, according to Art. 335 (2) CO, the party giving notice should state the reason for terminating employment in writing if requested by the other party.
            The same rule applies in case of dismissal with immediate effect : art. 337 CO.

          Notice period:
          Remarks:
          • 1) For ordinary dismissals:
            According to art. 335c CO, the general rule on the notice period is the following:
            *1 month during the first year of service;
            *2 months between 2 and 9 years of service;
            *3 months over 9 years of service.

            These timeframes can be modified by written agreement, collective agreement but shall not be less than 1 month.
            Exceptions to this rule are permitted only during the first year of service and if set by a collective agreement (art. 335c (2) CO).

            2) Specific rules apply to FTC:
            No notice period is prescribed except for FTC concluded for up to 10 years (art. 334 (1) CO).
            For FTC concluded for more than 10 years, a notice period of 6 months should be respected by either party (art. 334 (2) CO).
            • tenure ≥ 6 months
              • 1 month(s).
            • tenure ≥ 9 months
              • 1 month(s).
            • tenure ≥ 2 years
              • 2 month(s).
            • tenure ≥ 4 years
              • 2 month(s).
            • tenure ≥ 5 years
              • 2 month(s).
            • tenure ≥ 10 years
              • 3 month(s).
            • tenure ≥ 20 years
              • 3 month(s).

            Pay in lieu of notice: No

            Remarks:
            • However, frequently the employer decides to release the dismissed employee from the obligation to work during the notice period. The release from the obligation to work is a unilateral legal act, exercised by the employer by virtue of his right to give directives and instructions, within the meaning of Article 321d CO. The release from the obligation to work does not imply the end of the employment relationship. The contract shall continue to have effect until the end of the notice period.

            Notification to the public administration: No

            Notification to workers' representatives: No

            Approval by public administration or judicial bodies: No

            Approval by workers' representatives: No

            + show references

            Notification to the worker to be dismissed: written

            Remarks:
            • However, according to Art. 335 (2) CO, the party giving notice should state the reason for terminating employment in writing if requested by the other party.
              The same rule applies in case of dismissal with immediate effect : art. 337 CO.

            Notice period:
            Remarks:
            • 1) For ordinary dismissals:
              According to art. 335c CO, the general rule on the notice period is the following:
              *1 month during the first year of service;
              *2 months between 2 and 9 years of service;
              *3 months over 9 years of service.

              These timeframes can be modified by written agreement, collective agreement but shall not be less than 1 month.
              Exceptions to this rule are permitted only during the first year of service and if set by a collective agreement (art. 335c (2) CO).

              2) Specific rules apply to FTC:
              No notice period is prescribed except for FTC concluded for up to 10 years (art. 334 (1) CO).
              For FTC concluded for more than 10 years, a notice period of 6 months should be respected by either party (art. 334 (2) CO).
              • tenure ≥ 6 months
                • 1 month(s).
              • tenure ≥ 9 months
                • 1 month(s).
              • tenure ≥ 2 years
                • 2 month(s).
              • tenure ≥ 4 years
                • 2 month(s).
              • tenure ≥ 5 years
                • 2 month(s).
              • tenure ≥ 10 years
                • 3 month(s).
              • tenure ≥ 20 years
                • 3 month(s).

              Pay in lieu of notice: No

              Remarks:
              • However, frequently the employer decides to release the dismissed employee from the obligation to work during the notice period. The release from the obligation to work is a unilateral legal act, exercised by the employer by virtue of his right to give directives and instructions, within the meaning of Article 321d CO. The release from the obligation to work does not imply the end of the employment relationship. The contract shall continue to have effect until the end of the notice period.

              Notification to the public administration: No

              Notification to workers' representatives: No

              Approval by public administration or judicial bodies: No

              Approval by workers' representatives: No

              + show references

              Notification to the worker to be dismissed: written

              Remarks:
              • However, according to Art. 335 (2) CO, the party giving notice should state the reason for terminating employment in writing if requested by the other party.
                The same rule applies in case of dismissal with immediate effect : art. 337 CO.

              Notice period:
              Remarks:
              • 1) For ordinary dismissals:
                According to art. 335c CO, the general rule on the notice period is the following:
                *1 month during the first year of service;
                *2 months between 2 and 9 years of service;
                *3 months over 9 years of service.

                These timeframes can be modified by written agreement, collective agreement but shall not be less than 1 month.
                Exceptions to this rule are permitted only during the first year of service and if set by a collective agreement (art. 335c (2) CO).

                2) Specific rules apply to FTC:
                No notice period is prescribed except for FTC concluded for up to 10 years (art. 334 (1) CO).
                For FTC concluded for more than 10 years, a notice period of 6 months should be respected by either party (art. 334 (2) CO).
                • tenure ≥ 6 months
                  • 1 month(s).
                • tenure ≥ 9 months
                  • 1 month(s).
                • tenure ≥ 2 years
                  • 2 month(s).
                • tenure ≥ 4 years
                  • 2 month(s).
                • tenure ≥ 5 years
                  • 2 month(s).
                • tenure ≥ 10 years
                  • 3 month(s).
                • tenure ≥ 20 years
                  • 3 month(s).

                Pay in lieu of notice: No

                Remarks:
                • However, frequently the employer decides to release the dismissed employee from the obligation to work during the notice period. The release from the obligation to work is a unilateral legal act, exercised by the employer by virtue of his right to give directives and instructions, within the meaning of Article 321d CO. The release from the obligation to work does not imply the end of the employment relationship. The contract shall continue to have effect until the end of the notice period.

                Notification to the public administration: No

                Notification to workers' representatives: No

                Approval by public administration or judicial bodies: No

                Approval by workers' representatives: No

                + show references

                Notification to the worker to be dismissed: written

                Remarks:
                • However, according to Art. 335 (2) CO, the party giving notice should state the reason for terminating employment in writing if requested by the other party.
                  The same rule applies in case of dismissal with immediate effect : art. 337 CO.

                Notice period:
                Remarks:
                • 1) For ordinary dismissals:
                  According to art. 335c CO, the general rule on the notice period is the following:
                  *1 month during the first year of service;
                  *2 months between 2 and 9 years of service;
                  *3 months over 9 years of service.

                  These timeframes can be modified by written agreement, collective agreement but shall not be less than 1 month.
                  Exceptions to this rule are permitted only during the first year of service and if set by a collective agreement (art. 335c (2) CO).

                  2) Specific rules apply to FTC:
                  No notice period is prescribed except for FTC concluded for up to 10 years (art. 334 (1) CO).
                  For FTC concluded for more than 10 years, a notice period of 6 months should be respected by either party (art. 334 (2) CO).
                  • tenure ≥ 6 months
                    • 1 month(s).
                  • tenure ≥ 9 months
                    • 1 month(s).
                  • tenure ≥ 2 years
                    • 2 month(s).
                  • tenure ≥ 4 years
                    • 2 month(s).
                  • tenure ≥ 5 years
                    • 2 month(s).
                  • tenure ≥ 10 years
                    • 3 month(s).
                  • tenure ≥ 20 years
                    • 3 month(s).

                  Pay in lieu of notice: No

                  Notification to the public administration: No

                  Notification to workers' representatives: No

                  Approval by public administration or judicial bodies: No

                  Approval by workers' representatives: No

                  + show references

                  Notification to the worker to be dismissed: written

                  Remarks:
                  • However, according to Art. 335 (2) CO, the party giving notice should state the reason for terminating employment in writing if requested by the other party.
                    The same rule applies in case of dismissal with immediate effect : art. 337 CO.

                  Notice period:
                  Remarks:
                  • 1) For ordinary dismissals:
                    According to art. 335c CO, the general rule on the notice period is the following:
                    *1 month during the first year of service;
                    *2 months between 2 and 9 years of service;
                    *3 months over 9 years of service.

                    These timeframes can be modified by written agreement, collective agreement but shall not be less than 1 month.
                    Exceptions to this rule are permitted only during the first year of service and if set by a collective agreement (art. 335c (2) CO).

                    2) Specific rules apply to FTC:
                    No notice period is prescribed except for FTC concluded for up to 10 years (art. 334 (1) CO).
                    For FTC concluded for more than 10 years, a notice period of 6 months should be respected by either party (art. 334 (2) CO).
                    • tenure ≥ 6 months
                      • 1 month(s).
                    • tenure ≥ 9 months
                      • 1 month(s).
                    • tenure ≥ 2 years
                      • 2 month(s).
                    • tenure ≥ 4 years
                      • 2 month(s).
                    • tenure ≥ 5 years
                      • 2 month(s).
                    • tenure ≥ 10 years
                      • 3 month(s).
                    • tenure ≥ 20 years
                      • 3 month(s).

                    Pay in lieu of notice: No

                    Notification to the public administration: No

                    Notification to workers' representatives: No

                    Approval by public administration or judicial bodies: No

                    Approval by workers' representatives: No

                    + show references

                    Notification to the worker to be dismissed: written

                    Remarks:
                    • However, according to Art. 335 (2) CO, the party giving notice should state the reason for terminating employment in writing if requested by the other party.
                      The same rule applies in case of dismissal with immediate effect : art. 337 CO.

                    Notice period:
                    Remarks:
                    • 1) For ordinary dismissals:
                      According to art. 335c CO, the general rule on the notice period is the following:
                      *1 month during the first year of service;
                      *2 months between 2 and 9 years of service;
                      *3 months over 9 years of service.

                      These timeframes can be modified by written agreement, collective agreement but shall not be less than 1 month.
                      Exceptions to this rule are permitted only during the first year of service and if set by a collective agreement (art. 335c (2) CO).

                      2) Specific rules apply to FTC:
                      No notice period is prescribed except for FTC concluded for up to 10 years (art. 334 (1) CO).
                      For FTC concluded for more than 10 years, a notice period of 6 months should be respected by either party (art. 334 (2) CO).
                      • tenure ≥ 6 months
                        • 1 month(s).
                      • tenure ≥ 9 months
                        • 1 month(s).
                      • tenure ≥ 2 years
                        • 2 month(s).
                      • tenure ≥ 4 years
                        • 2 month(s).
                      • tenure ≥ 5 years
                        • 2 month(s).
                      • tenure ≥ 10 years
                        • 3 month(s).
                      • tenure ≥ 20 years
                        • 3 month(s).

                      Pay in lieu of notice: No

                      Notification to the public administration: No

                      Notification to workers' representatives: No

                      Approval by public administration or judicial bodies: No

                      Approval by workers' representatives: No

                      + show references

                      Notification to the worker to be dismissed: written

                      Remarks:
                      • However, according to Art. 335 (2) CO, the party giving notice should state the reason for terminating employment in writing if requested by the other party.
                        The same rule applies in case of dismissal with immediate effect : art. 337 CO.

                      Notice period:
                      Remarks:
                      • 1) For ordinary dismissals:
                        According to art. 335c CO, the general rule on the notice period is the following:
                        *1 month during the first year of service;
                        *2 months between 2 and 9 years of service;
                        *3 months over 9 years of service.

                        These timeframes can be modified by written agreement, collective agreement but shall not be less than 1 month.
                        Exceptions to this rule are permitted only during the first year of service and if set by a collective agreement (art. 335c (2) CO).

                        2) Specific rules apply to FTC:
                        No notice period is prescribed except for FTC concluded for up to 10 years (art. 334 (1) CO).
                        For FTC concluded for more than 10 years, a notice period of 6 months should be respected by either party (art. 334 (2) CO).
                        • tenure ≥ 6 months
                          • 1 month(s).
                        • tenure ≥ 9 months
                          • 1 month(s).
                        • tenure ≥ 2 years
                          • 2 month(s).
                        • tenure ≥ 4 years
                          • 2 month(s).
                        • tenure ≥ 5 years
                          • 2 month(s).
                        • tenure ≥ 10 years
                          • 3 month(s).
                        • tenure ≥ 20 years
                          • 3 month(s).

                        Pay in lieu of notice: No

                        Notification to the public administration: No

                        Notification to workers' representatives: No

                        Approval by public administration or judicial bodies: No

                        Approval by workers' representatives: No