7 Feb, 2021 by Marianne Favre Moreillon

Dismissals and employment contracts in Swiss law

7 Feb, 2021 by Marianne Favre Moreillon

The principle of freedom of contract implies that either party may terminate the employment relationship without restriction and without any particular reason. However, there are many exceptions to this principle.

Termination during the trial period, during a contract of minimum or maximum duration, immediate or mass dismissal: these dismissals are subject to specific rules. Moreover, the employer must be careful not to commit a wrongful termination.

This article develops the following topics:

  • freedom of contract and dismissal
  • termination before the start of employment
  • termination during the trial period
  • termination of a contract of minimum duration
  • termination of a contract of maximum duration
  • wrongful termination
  • discriminatory dismissal
  • dismissal due to the exercise of a constitutional right
  • reprisal leave
  • conditions for immediate dismissal
  • criminal offences, threats and immediate dismissal
  • concept of mass redundancy and consultation procedure

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