Immediate termination for just cause is an exceptional measure in Swiss employment law and must be interpreted restrictively. Only particularly serious breaches can justify such an action. A breach is understood as a violation of an obligation under the employment contract, but other incidents can also justify immediate termination. This breach must be objectively severe enough to destroy the essential trust in the employment relationship or at least harm it so profoundly that continuation of the employment is unreasonable.
Conditions for immediate termination
Immediate termination may be justified by repeated minor breaches (e.g., repeated lateness, failure to adhere to work schedules, unjustified absence, late notification of inability to work, late submission of a medical certificate, failure to follow instructions). In such cases, immediate termination is only warranted if the breach persists despite one or more warnings, preferably in writing.
A judge will independently assess whether there are just grounds for termination by either the employer or the employee. The termination must occur without delay (typically within two to three days, excluding weekends and public holidays, or up to a week if the decision involves a company’s governing body) following the just cause. Both the employer and the employee can terminate the employment contract immediately for just cause at any time.
Immediate resignation by the employee
Immediate resignation by an employee is justified if the employer cannot ensure future salary payments due to insolvency (Article 337a CO) or if the employee suffers violence from the employer (e.g., assault, insults, sexual harassment, theft).
In cases of moral harassment (mobbing) by the employer or third parties (colleagues, superiors, clients), the employee should formally remind the employer of their obligations to respect and protect the employee’s personality (Article 328 CO) before deciding on immediate resignation.
Immediate dismissal by the employer
An employer can immediately dismiss an employee at any time, even if the employee is protected against ordinary dismissal during inconvenient times (e.g., illness). The judge considers the specific circumstances, including the employee’s position and responsibilities, the type and duration of employment, and the nature and severity of the breaches. However, an inability to work without the employee’s fault cannot justify immediate dismissal, nor can reduced productivity or failure to meet targets.
If an employee receives immediate dismissal for just cause but believes there are no valid grounds, they can challenge the dismissal. They must promptly oppose the dismissal in writing to the employer, requesting a reconsideration within a specified timeframe. If the employer does not retract the decision, the employee can take the matter to court. During this process, the employee should, if possible, continue to offer their services or at least indicate their willingness to do so in the written dispute.
