Immediate Termination Notice In Lay-Offs With Cause: How Immediate Is Immediate?

The termination of an employee with cause and without observing a notice period notice must meet various conditions under Swiss employment laws. The general rule is: a dismissal based on important grounds is then justified if it unbearable for the employer to reasonably continue the employment relationship until the next possible ordinary termination date. In addition, more lenient means should not be available to the employer in order to remedy the disturbed employment relationship in a different and more reasonable manner.

It is also instrumental that the employer pronounces the dismissal without any further delay. Employers quite often fail in court when trying to demonstrate that their dismissal was in time, so employers are well advised to make sure that they are doing so in a timely manner before taking an emergency brake on a work relationship.