Immediate termination of employment contract

In Switzerland, it is possible to terminate an employment contract immediately in certain situations.
Under the Swiss Code of Obligations (CO), an employment contract can be terminated immediately for good cause.

Just grounds for immediate termination of the employment contract are serious reasons that make it impossible to continue the employment relationship.
Such reasons may be attributable to the employee’s behavior, such as acts of violence, theft or unjustified absences, or to the employer’s behavior, such as late payment of wages or acts of harassment.

Immediate termination for just cause must be used with caution and restraint, as it is considered an exceptional measure.
It can be justified by particularly serious breaches on the part of the employee, involving the violation of a contractual obligation.
However, other incidents may also be considered serious enough to justify such a measure.

The breach that justifies immediate termination for just cause must be sufficiently serious to objectively break the relationship of trust necessary to the employment contract, or at least compromise it to such an extent that continuation of the employment relationship cannot reasonably be required.

Immediate dismissal is possible for repeated but less serious reasons, such as frequent lateness, failure to keep to working hours, unjustified absence, late notification of inability to work or of a medical certificate, or failure to comply with instructions.
However, in this case, the breach can only justify immediate termination if it has been repeated despite one or more warnings, ideally communicated in writing.

The judge has some leeway in assessing whether there are grounds for termination, whether on the part of the employer or the employee.
If a termination for just cause is accepted, it must be carried out rapidly as soon as the grounds in question arise, generally within a very short period of two or three days, excluding weekends and public holidays, or even one week in the case of a decision to be taken by a collective body of a company.
It should be emphasized that both the employer and the employee have the right to terminate the employment contract at any time for just cause.

Immediate resignation (= immediate notice given by the employee)

An employee’s immediate resignation may be justified in certain specific situations.
For example, this may be the case when the employer is no longer able to guarantee his solvency to pay future wages in accordance with art.
337a CO, or when the employee is the victim of acts of violence on the part of the employer, such as assault, insults, sexual harassment or theft.
In such situations, the employee may decide to leave without notice and without waiting for the end of the employment contract.

In the case of moral harassment (mobbingThe situation is slightly different if the employee is subjected to any form of harassment (e.g., sexual harassment, physical harassment, etc.) by the employer, colleagues, superiors, customers or other third parties in the workplace.
It is advisable for the employee to send a formal communication to his employer, for example by registered mail, reminding him of the employer’s obligations to respect and protect his personality, in accordance with art.
328 CO, before deciding to resign immediately.

Immediate dismissal (= immediate dismissal by the employer)

To begin with, it is important to emphasize that the employer may proceed with immediate dismissal even if the employee benefits from protection against ordinary dismissal at an inopportune time, for example in the event of illness.
The judge’s decision will be based on the specific circumstances of each case, such as the position and responsibility of the employee, the nature and duration of the employment relationship, and the seriousness and importance of the alleged misconduct.

It is important to note that inability to work due to causes not attributable to the employee cannot be considered grounds for immediate dismissal.
Similarly, a drop in productivity or failure to meet targets cannot be considered grounds for immediate dismissal.

If an employee is dismissed immediately for reasons he or she considers unjustified, he or she can contest the decision by taking the matter to court.
To do so, he must first express his written objection to the termination to the employer as soon as possible, and give him a period of time in which to reconsider his decision.

If the employer does not revise his decision by the end of the time limit, the employee may then take the matter to court.
Insofar as possible, he must continue to offer his services or, if this is not possible, propose them in his written objection.

In conclusion, immediate termination of an employment contract in Switzerland is permitted for serious reasons, and can be initiated by either the employer or the employee.
However, if the employee considers the termination to be unjustified, he or she may oppose it and take the matter to the competent court to contest the decision.