Myth #1: You need a good reason to be fired
Hotline callers often ask, “Is this a reason for termination?” they ask. Answer: It can be, but it doesn’t have to be. Because the principle of freedom of termination is dominant in Swiss employment contract law. An employment relationship can be terminated at any time by either party, with few exceptions. Neither a valid reason nor a warning is required. This means that sudden layoffs may also be allowed. His dismissal without prior consultation is “almost inappropriate”, but not unlawful, according to the Federal Supreme Court. Government employees are often better protected.
Myth #2: Cancellation should always be made by registered mail with return receipt requested.
The law does not foresee a special form for the termination of an employment contract. It is important that the person making the notification clearly expresses his will and that it is clear when the business relationship will end. This can also be done orally, via email or SMS, unless a specific form is agreed upon by contract. However, for evidential reasons, it is always recommended that notice of termination be given in writing and that the other party confirms receipt of the notice of termination.
Mistake 3: Postmark is decisive in case of written termination
Termination takes effect as soon as the recipient takes note of it – the postmark is irrelevant. In order for the notice period to start on the 1st of the month, the notice of termination must reach the person terminated at the latest on the last day of the previous month. It is valid if it comes later, but the business relationship is extended for one month. And if, for example, a registered letter is undeliverable, received at the post office, or can be picked up, it is considered to have reached the recipient.
Myth #4: Resigning is always better than quitting
Being fired is seen by many as embarrassing. They prefer to go there themselves and document that they left the job “of their own volition” from job references. Maybe this is good for the ego. But let’s not kid ourselves: When someone quits and then becomes unemployed, that raises questions. There are also legal downsides to resigning yourself. For example, there is no protection against dismissal in case of inability to work (see Error 7) and it is no longer possible to maliciously object to the termination of the contract. You will also run into problems with unemployment insurance (see Error 5). So the rule of thumb is: only resign when you have a new job. Otherwise, the employer must do it. By the way: It is not necessary to indicate who made the notification in the job reference.
Misconception 5: I can’t go to stigma if I declare myself
Eligibility for daily unemployment benefits depends on several factors. For example, the unemployed must have paid ALV contributions for at least twelve months as an employee in the last two years, be able to be placed in a job, and be actively looking for new work. If these conditions are met, you can also receive unemployment benefits if you voluntarily report it. However: Anyone who is unemployed through his own fault – for example, leaving a reasonable job unnecessarily – can be fined with sensitive daily allowance deductions. In the case of serious defect, such suspension of up to 60 days is possible.
Myth 6: Long-term employees fired through no fault of their own are eligible for severance pay
Unfortunately, this is not the case. There is a provision in the Code of Obligations that people over the age of 50 who leave the company after working for more than 20 years are entitled to severance pay between two and eight months. However, the employer can reduce the contributions paid to the employee’s pension fund. As a rule, pension fund contributions are higher than possible severance pay. Therefore, only low-income people who are not subject to the mandatory pension fund can benefit (annual salary is currently less than CHF 21,330). At most, a collective bargaining agreement or a social plan provides for a severance pay. In all other cases, only the goodwill of the employer can be hoped for.
Myth 7: You can’t fire an employee as long as he or she is sick.
In fact, there is protection against dismissal in case of complete or partial incapacity for work. However, it is time-limited and depends on years of service. In the first year of service, a notice of termination may not be given for 30 days from the onset of incapacity. The period of protection is 90 days from the second year to the fifth year of service and 180 days from the sixth year of service. If the prohibition period has expired or if the worker is 100% able to work again before this period, the employer can terminate the contract. Employees themselves can resign at any time, even during illness.
Myth 8: The job reference is only available on the last day of the employment relationship.
By law, you can request a certificate at any time – that is, immediately after receiving notice of termination or even during the employment relationship, for example if a change of boss is imminent. The law does not specify how quickly the employer must issue the certificate. A waiting period of about two weeks is considered reasonable.
Myth #9: When you reach retirement age, your job automatically ends
This only applies if agreed upon by contract. Otherwise, if you want to retire, you must also give notice when you reach AHV age. In most cases, an agreement will be reached with the employer to terminate the contract. Otherwise, the business relationship continues. In any case, it is not forbidden to continue working after retirement age.
Myth 10: “Exempt” means “exported without notice”
Employees with a lot of customer contact or in managerial positions are usually released soon after being laid off. You are relieved of all obligations, but you will receive your full salary with all your allowances until the end of the notice period. However, taking a leave of absence is not a sudden dismissal, as many believe that having to vacate the workplace suddenly. A “time limit” is allowed only in exceptional cases – ie if the employee commits a serious breach of trust with the employer (fraud, theft, competition with the employer, etc.). Such dismissal immediately terminates the employment relationship, with no further remuneration. However, in the case of leave, the employment relationship usually continues until the end of the ordinary notice period. The layoff does not harm the employees, but the dismissed person can concentrate on the job search or spend the rest of the vacation.