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Old 17.06.2021, 20:48
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Termination of Employment

Could anyone please explain what the procedures and legalities are in Switzerland for :
1. Giving notice to one's employer
2. Receiving notice from one's employer.
Let's assume that the contract states that the period of notice is 1 month (CO 335c).

Specifically:

3. Is the last date of the employment contract
(a) the end of the calendar month or
(b) 1 month from the date that notice was given?

4. Thus must notice be given
(a) by the last working day of the current month in order for employment to cease by the last working day of the following month (eg: 30.Jun for 31.Jul) or
(b) on any day of the month with employment ceasing 1 month later (eg: 15.Jun for 15.Jul) ?

5. In what format must notice be given (eg: email, recorded/signed for postal) ?

6. Similarly, what are the obligations of the employer in terms of issuing notice/redundancy to an employee? Is it a mirror image of the conditions above? (in terms of redundancy lets assume there is only 1 individual involved rather than a group).

Thanks!
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Old 17.06.2021, 20:58
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Re: Termination of Employment

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Could anyone please explain what the procedures and legalities are in Switzerland for :
1. Giving notice to one's employer
2. Receiving notice from one's employer.
Let's assume that the contract states that the period of notice is 1 month (CO 335c).

Specifically:

3. Is the last date of the employment contract
(a) the end of the calendar month or
(b) 1 month from the date that notice was given?

4. Thus must notice be given
(a) by the last working day of the current month in order for employment to cease by the last working day of the following month (eg: 30.Jun for 31.Jul) or
(b) on any day of the month with employment ceasing 1 month later (eg: 15.Jun for 15.Jul) ?

5. In what format must notice be given (eg: email, recorded/signed for postal) ?

6. Similarly, what are the obligations of the employer in terms of issuing notice/redundancy to an employee? Is it a mirror image of the conditions above? (in terms of redundancy lets assume there is only 1 individual involved rather than a group).

Thanks!
Notice can be given verbally as long as received before the end of the month.

Redundancy is far from standard, if you work for a Bank maybe, if a small company forget it as they will laugh at you if you ask.
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Old 17.06.2021, 23:00
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Re: Termination of Employment

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Notice can be given verbally as long as received before the end of the month.
That is not certain, and probably unlikely in my experience - it will be stated in the contract (or more likely the conditions of employment, which the contract will refer to), for example my current one (and all previous ones) says:

"Termination must be in writing and can take effect only at the end of a calendar month."

The standard in law is that the notice period starts at the end of the month when you give notice, and all Swiss contracts I've seen follow this. So OP case 4a, NOT 4b.

Yes the conditions are symmetrical - this is also stated by law and employers have got into trouble when they aren't.

Redundancy payment is very rare here, but a nice chunk of garden leave is fairly common.
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Old 18.06.2021, 00:18
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Re: Termination of Employment

The (a)'s apply unless there is something in the contract to the contrary.
Notice should be given according to the contract. If you do it early enough and it's acknowledged then that usually is sufficient. People will tell you it needs to be by registered mail but it doesn't necessarily.
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Old 18.06.2021, 10:04
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Re: Termination of Employment

Thanks for the replies so far.

Just to clarify:
- the contract provides no further information other than that stated in the initial post
- by redundancy I mean no further suitable work available, not a reference to severance payment.

Also, what happens to unused holiday allowance?
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Old 18.06.2021, 10:25
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Re: Termination of Employment

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Thanks for the replies so far.


Also, what happens to unused holiday allowance?
They will probably ask you to take them in your notice period or get you to leave early.
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Old 18.06.2021, 13:00
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Re: Termination of Employment

Notice period depends on the worked time (seniority).

-7 calendar days during the trial period (as of the end of any day)
- 1 month during the first year of service (as of the end of a given month)
- 2 months from the 2nd to the 9th year of service (as of the end of a given month)
- 3 months from the 10th year of service (as of the end of a given month)
- Fixed term employment contracts end on a fixed date. It is not possible to terminate a fixed-term employment contract before the stated date, unless the contract provides for an early termination or good cause exists.
https://www.ch.ch/en/terminating-employment-contract/

Taking your example of 1 month and you get notice today, end of the month, means end of calendar month. So, the end of contract is effectively on 31 July 2021.
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Old 18.06.2021, 13:04
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Re: Termination of Employment

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Notice period depends on the worked time (seniority).

-7 calendar days during the trial period (as of the end of any day)
- 1 month during the first year of service (as of the end of a given month)
- 2 months from the 2nd to the 9th year of service (as of the end of a given month)
- 3 months from the 10th year of service (as of the end of a given month)
- Fixed term employment contracts end on a fixed date. It is not possible to terminate a fixed-term employment contract before the stated date, unless the contract provides for an early termination or good cause exists.
https://www.ch.ch/en/terminating-employment-contract/

Taking your example of 1 month and you get notice today, end of the month, means end of calendar month. So, the end of contract is effectively on 31 July 2021.
But remember these are just the defaults in the absence of a contract; how many times does that really apply?
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