Procedural requirements for individual dismissals - Switzerland - 2013
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- Code of Obligations [CO], adopted on 30 March 1911, consolidated version dated 28 May 2013, including amendments up to Federal Law of 16 March 2012. In particular, see Part. II, Title X, Chap. I.
(Loi fédérale complétant le code civil suisse - Livre cinquième: Droit des obligations - available in French, German and Italian)
Date: 16 Mar 2012; view website » (view in NATLEX »)
Notification to the worker to be dismissed: no specific form required
- 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.
- 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
- tenure ≥ 9 months
- tenure ≥ 2 years
- tenure ≥ 4 years
- tenure ≥ 5 years
- tenure ≥ 10 years
- tenure ≥ 20 years
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