Dismissed From Your Job: A Checklist for Employees

First: Stay Calm, Sign Nothing

A dismissal catches many employees off guard. Precisely for that reason: do not sign anything during the dismissal meeting – neither a termination agreement nor a confirmation waiving any claims. You are entitled to take time to reflect and to have documents reviewed. Swiss employment law is based on freedom of termination: a dismissal generally does not require a particular reason to be valid. It must, however, respect the notice periods, must not fall within a protected period and must not be abusive. These are exactly the three points you should check.

1. Check the Notice Period (Art. 335c CO)

Unless the employment contract, a standard employment contract or a collective agreement provides otherwise, the statutory notice periods of Art. 335c Swiss Code of Obligations (CO) apply – in each case effective as of the end of a month:

• 1st year of service: one month
• 2nd to 9th year of service: two months
• from the 10th year of service: three months

During the probation period, a notice period of seven days applies (Art. 335b CO). Different periods may be agreed by contract; however, they may in principle not be reduced below one month and must be the same for both parties (Art. 335a CO).

Check specifically: was the notice period calculated correctly? On what date does the employment relationship end? A dismissal with too short a notice period is not invalid – as a rule, it simply takes effect on the next possible correct date.

2. Protected Periods: Termination at an Inopportune Time (Art. 336c CO)

After the probation period, the employer may not give notice during certain protected periods (Art. 336c CO). The most important:

• Illness or accident through no fault of the employee: 30 days in the 1st year of service, 90 days from the 2nd to the 5th year, 180 days from the 6th year
• Pregnancy: throughout the pregnancy and for 16 weeks after the birth
• Military, civilian or civil defence service: during the service and, under certain conditions, before and after

A dismissal issued during a running protected period is void – it has no effect and must be issued anew after the protected period has ended. If, on the other hand, you fall ill only after receiving the notice, the dismissal remains valid; however, the notice period is suspended for the duration of the protected period and continues afterwards (Art. 336c para. 2 CO). This can push back the end of the employment relationship by weeks or months – with corresponding salary consequences. Report any incapacity to work correctly and have it certified by a doctor.

3. Abusive Dismissal: Object Before the Notice Period Expires (Art. 336 CO)

Even a dismissal that respects the notice period can be abusive (Art. 336 CO). The law specifically mentions dismissals on account of a personal characteristic (such as age or origin), for exercising constitutional rights, for asserting claims arising from the employment relationship in good faith (retaliatory dismissal) or for membership of an employees' association. Case law has recognised further situations, such as grossly inconsiderate dismissals in the context of long-standing employment relationships.

The procedure is decisive – and this is the most frequently missed deadline in Swiss employment law:

1. Object in writing and no later than the end of the notice period, addressed to the employer (Art. 336b para. 1 CO). Anyone who misses this objection as a rule irretrievably loses the claim to compensation – even if the dismissal was clearly abusive.
2. If no agreement is reached, the claim must be filed within 180 days of the end of the employment relationship (Art. 336b para. 2 CO).

The sanction is compensation of up to six months' salary (Art. 336a CO); the dismissal itself remains effective. There is generally no right to reinstatement in private employment law. If in doubt, request a written statement of reasons for the dismissal – you are entitled to one (Art. 335 para. 2 CO).

4. Request Your Reference (Art. 330a CO)

You are entitled at any time to a reference stating the nature and duration of the employment relationship as well as your performance and conduct (Art. 330a CO). The reference must be true, complete and benevolently worded. Request it in good time – ideally an interim reference as soon as notice is given. If you disagree with its content, you may request a correction and, if necessary, enforce it in court.

5. RAV Registration and Duty to Mitigate

Register with the regional employment centre (RAV) early – at the latest on the first day for which you claim unemployment benefits, and preferably during the notice period. Important: the duty to look for work begins during the notice period. Insufficient job-search efforts during this time can lead to suspension days in unemployment benefits. Document your applications from the outset.

6. Further Points With Monetary Value

• Holidays and overtime: untaken holidays are in principle to be taken during the notice period or paid out; overtime balances are to be compensated unless the contract provides otherwise.
• Garden leave: if you are released from work, clarify the conditions in writing, in particular the crediting of holidays and interim earnings.
• Pension fund: clarify the transfer of your vested benefits and your insurance cover after leaving.
• Daily sickness benefits and accident insurance: check transfer and interim insurance options before your cover ends.

The Checklist at a Glance

1. Do not sign anything hastily; take time to reflect
2. Check the notice period and the end date (Art. 335c CO)
3. Check protected periods: illness, accident, pregnancy, service (Art. 336c CO)
4. If you suspect the dismissal is abusive: request written reasons and object before the notice period expires (Art. 336b CO)
5. Request a reference or interim reference (Art. 330a CO)
6. Register with the RAV and start the job search during the notice period
7. Settle holidays, overtime, pension fund and insurance matters

Whether an objection or a negotiation over the exit terms is worthwhile in your case depends on the circumstances – from the reasons given for the dismissal to your length of service and the evidence available. You will find an overview of our work for employees under Employment Law.

If you have been dismissed and would like to clarify the next steps, you can reach us via our contact page. Because of the objection deadline under Art. 336b CO, we recommend getting in touch before the notice period expires.