Written Warning in Swiss Employment Law: What It Means

Swiss employment law has no statutory Abmahnung. There is the instruction (Art. 321d CO) and the written warning as an institution of employment law recognised by the case law.

• Reprimand (Ermahnung): a reference to misconduct, without threatening consequences.
• Warning (Verwarnung): a reprimand with the express threat that repetition will lead to dismissal – up to summary dismissal.
• Abmahnung: a German legal term; in Switzerland often used synonymously but without its own statutory effect.

In practice the warning is the proof that the employer has not forfeited its right to dismiss without notice (Art. 337 CO).

A warning needs a concrete occasion and must be proportionate. It is permissible for:

• Repeated lateness or unexplained absence.
• Breach of instructions – for instance safety regulations.
• Poor performance where expectations were clearly communicated beforehand.
• Conflictual behaviour towards the team, customers or superiors.

A warning is not permissible for exercising permissible rights – such as reporting a grievance, trade union membership or claiming holidays.

A warning is valid without any particular form – including orally. For both sides, however, the written form is clearly better because it records the facts. An effective warning contains:

1. Concrete allegation: date, place, act – no blanket accusations such as "constant unreliability".
2. Breached duty: which instruction, which contract clause, which rule.
3. Statement: a note that you were or are able to comment.
4. Threat: which consequence looms on repetition.
5. Date and signature of the issuing body.

You do not have to sign. Sign if you want to confirm receipt – with the addition "received, not in agreement".

The reaction decides the state of the file. This approach has proven itself:

• Statement in writing, factual, within a few days: what is right, what is wrong, what evidence exists?
• No emotions, no counter-accusations – they water down your own position.
• Secure evidence: working hours, emails, minutes, witnesses.
• Request a conversation: with the issuing body, not with the team.
• Seek advice: trade union, staff association or a specialist in employment law.

Important: a warning is not grounds for dismissal. It is a reprimand – dismissal requires a separate step.

A summary dismissal (Art. 337 CO) presupposes that continuing the employment relationship in good faith is unreasonable. Typical cases:

• Theft, embezzlement, fraud within the company.
• Gross breach of the duty of loyalty – for instance competing activity or passing on business secrets.
• Verbal attacks, threats, violence.
• Repeated unexplained absence despite a warning.

The dismissal must be pronounced without delay – anyone waiting for weeks loses the right. In doubtful cases, ordinary dismissal is the safe route.

A warning is not public and does not belong in the employment reference. It remains in the personnel file – and thus a topic if you apply internally or ask for an interim reference.

• Reference: a benevolent reference may not mention individual incidents if they do not shape the overall assessment.
• Application: a warning is not an entry in the CV. A dismissal following a warning you explain factually and briefly in the interview.
• Removal: anyone who clears up the conflict can demand that the warning be removed from the file – agree this in writing.

Documentation remains the best protection: anyone who can substantiate their performance, their instructions and their communication is in a far better position in a dispute.