Dismissal by the Employer: Deadlines, Rights, Next Steps

Dismissal requires no particular form unless the contract provides otherwise – but for evidential reasons it should always be in writing.

• Delivery: a dismissal takes effect when it reaches your sphere of control – not when you read it.
• Reason: no reason is required; but a reason indicates the motivation and is useful to you.
• Registered mail: for a dismissal by post, the date of collection from the post office counts, not the date of dispatch.
• Signature: a dismissal without the signature of the authorised person is contestable.

Copy the letter, note the date of delivery and keep the envelope.

The statutory period is one month to the end of a month. Contracts commonly provide three months to the end of a quarter – which is more favourable for you.

• Probationary period: seven days’ notice unless otherwise agreed.
• First year of service: one month by law; often three months in the contract.
• From the second year of service: two months by law, usually three by contract.
• Dismissal on the wrong date: a dismissal on an inadmissible date is not void – it shifts to the next possible date.

Check in the contract whether the periods are the same for employer and employee. Unequal periods are permissible, but rarely interpreted to your disadvantage.

Switzerland has no general duty to justify a dismissal – but there are protected situations.

• Protected periods: during illness, pregnancy, military or civil service and for 16 weeks after the birth, a dismissal issued during that time is void.
• Abusive: dismissals because of trade union membership, retaliatory dismissals or dismissals for asserting claims can be abusive.
• Procedure: objection in writing to the employer within the notice period, then action within 180 days.
• Consequence: in the case of an abusive dismissal there is a claim for compensation, not for continued employment.

Important: the protected periods only protect you if the dismissal reaches you during the protected period – a dismissal issued before it remains valid even if the notice period falls within the illness.

After the dismissal the question is: keep working or be released from work?

• Release: the employer may release you from work with continued pay – there is no entitlement to it.
• Duty to work: without a release you must keep working and fulfil your duties.
• Holidays: remaining holiday can be taken during the notice period; the employer may schedule it.
• Reference: you are entitled to a written reference – on request stating the nature and duration of the work and your performance.

A release is convenient, but it shortens the time in which you still have access to internal information and contacts. Use the remaining time actively.

Registering with the Regional Employment Centre (RAV) is the most important step – and the one that most often happens too late.

• Timing: register on the first day of unemployment, ideally online beforehand.
• Waiting periods: up to 20 days if you resign yourself; for a dismissal by the employer, as a rule none.
• Documents: employment reference, employment confirmation, payslips, AHV number.
• Efforts: proof of applications is mandatory – keep a list with date, company and outcome.

Anyone who registers only after two weeks usually loses daily allowances – regardless of how justified the dismissal was.

After the dismissal the search begins – and the dismissal can be explained in the dossier if it is presented cleanly.

• In the CV: name the last position with dates and role; the end date is not a blemish.
• In the interview: stay matter-of-fact: “The position was reorganised” is a complete answer.
• Reference: a good reference is your strongest argument – request it early and check the wording.
• References: ask a manager whether they are available as a referee before you name them in the dossier.

Anyone who presents the dismissal not as a personal judgement but as a company decision remains in control of the conversation.