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Old 04.02.2020, 20:56
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What does the Swiss say about actul legal written notices

Hi Everyone,

Firstly, allow me to send a grand "Kudos" thank you note for all your volunteering expertise and advice shared on this platform. I for one am extremely in debt to all shared advice. And for all those who do it because there where one-day ex-pats or they feel the need to help, or they know so much that they want to help in a very anonymous way, Thank you from the bottom of the heart. You are absolute heroes. There are a lot of people willing to come to Switzerland that browse all your feedback and take most of time life-changing decisions based on it. Give yourself the most credit that there is!

Now back to my exact labour case, I want to super simply my ask for advice and not beat around the bush, it's very simple:

What is the normal notice period practice in Switzerland? Must it be a written notice letter dated and signed by both parties? or can one employer just play around verbal discussions, informal "I informed you about the budget cuts, therefore you don't have a job anymore? "

Do verbal Swiss onsite terminations have any legal power in Switzerland?

Believe it or not, there are still trashy consulting companies in CH who play labor DIRTY GAMES.

If someone can point me to the legal-specific wording requirements for an employer to get rid of someone, I would be in debt for life. It can be in German, I don't mind it.

Thank you in advance and have a blessed 2020.

Patricia
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Old 04.02.2020, 21:19
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Re: What does the Swiss say about actul legal written notices

Maybe this will help: https://www.ch.ch/en/terminating-employment-contract/.

Bear in mind that in Switzerland, in general, any employer is free to terminate the contract with any employee at an any time, for any or no reason. There are a very few exceptions to this, which could constitute "wrongful dismissal" such as during pregnancy, and if overt discrimination on the basis of, say, race, can be proven. The Swiss employment world does not usually know any formalised, progressive scale of warnings and disciplinary action and final warnings, such as must be adhered to by employers in some other countries. By the same token, any employee is free to terminate the contract with any employer at any time, for any or no reason.

The notice period, which is either specified in the contract or, failing that is in accordance with the law (or sometimes of an overriding general working contract governing a certain branch of the economy), must be respected. However, an employer can choose whether or not the employee must continue to work during the notice period, or should leave immediately (known as "garden leave") but still be paid up till the end of the notice.

Sometimes, at the end of a contract, the employer and the employee agree, instead of a notice period, to terminate the connection immediately, releasing each other from any further obligations each towards the other. This, when done, is often slanted to the advantage of the employer, but in the case of an employee who has a reason to want to leave right away, it can be a relief to get out and be free to move on to the next phase of life.
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Old 04.02.2020, 22:25
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Re: What does the Swiss say about actul legal written notices

Verbal is fine, provided that there is a witness.

I resigned my first job here so (me, head of HR, witness)

Tom
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Old 04.02.2020, 23:11
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Re: What does the Swiss say about actul legal written notices

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Verbal is fine, provided that there is a witness.

I resigned my first job here so (me, head of HR, witness)

Tom

Good for you.


What the OP is asking is, can an office announcement such as "We have no budget after March" be considered as notice to terminate? You're saying yes I guess. It wouldn't be the usual way of doing it, for obvious reasons. Contracts often stipulate it should be in writing so the OP should check that first.
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Old 04.02.2020, 23:25
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Re: What does the Swiss say about actul legal written notices

Verbal is OK (unless agreed otherwise in contract or collective contract) but if you didn't sign a receipt and he doesn't have a witness and didn't send a registered letter that could be problem for them IF you take them to court.
Axa has a nice summary if you want a more reputable source https://axa.ch/en/privatkunden/blog/...rmination.html
This stuff is not written in the code of obligations but you could find something in the jurisprudence perhaps.

Last edited by Meerkat33; 04.02.2020 at 23:38.
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Old 05.02.2020, 10:25
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Re: What does the Swiss say about actul legal written notices

I understand that the RAV will chase up if there are irregularities.
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Old 05.02.2020, 10:38
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Re: What does the Swiss say about actul legal written notices

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What the OP is asking is, can an office announcement such as "We have no budget after March" be considered as notice to terminate? You're saying yes I guess.
AFAIK this won't be a valid dismissal. However "We have no budget after March, we will no longer employ you" or simply the classic "You are fired" is one.

Nevertheless the legal minimum or contractual notice periods (if longer than the legal minimum) fully apply. Those periods must be the same for employer as well as employee.


Laws: Code of Obligation starting at Art. 319 https://www.admin.ch/opc/en/classifi...ndex.html#a319
Note: English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
and your employment contract. For some industries there are legal prescribed collective employment contracts https://www.seco.admin.ch/seco/de/ho...vertraege.html

The (collective ) employment contract might prescribe that a dismissal must be in written form and sent by registered mail.
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Old 05.02.2020, 11:24
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Re: What does the Swiss say about actul legal written notices

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AFAIK this won't be a valid dismissal. However "We have no budget after March, we will no longer employ you" [...] is one.
In one company I know this happened. The CEO then read the list of the employers who would continue working (it was the shortest of the two).

Normal termination period applied for everybody.

It must be said that the company then proceed to do things properly, e.g. organizing a meeting with RAV at the company's premises for all the involved employees.
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Old 20.06.2020, 12:11
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Re: What does the Swiss say about actul legal written notices

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Verbal is fine, provided that there is a witness.

I resigned my first job here so (me, head of HR, witness)

Tom
I had same yesterday: Me, HR and witness. So verbal is really definitive.
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