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Old 20.08.2020, 00:46
doropfiz doropfiz is offline
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Re: French "la mise en demeure" - in employment?

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Under Swiss employment law you are obliged to give written warnings before dismissing an employee, except in the case of serious offences (stealing for example), when instant dismissal is possible.
Thank you for your reply, but I think that in this aspect you are mistaken. As I had always understood it, Swiss employment law knows no prescribed system of warnings at all. Or have I missed something, up till now, and could you post a link to that part of the law, please?

On the contrary, any employer is free, at any time (except the restricted times, like pregancy) to terminate an employment contract for any reason (except those listed as discrimination, such as racism). The employee is similarly free.

The only condition that must be met by the party giving the notice, is that the is that the termination period (typically 7 days in the probationary period, therafter 1, 2 or 3 months) must be respected. The two exceptions I can think of, to that, to that are paid leave (known as garden leave) or instant dismissal, as you described it above.
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