Job Abandonment in Switzerland

In cases of unjustified job abandonment or failure to commence employment, the employer is entitled to compensation equivalent to a quarter of the employee’s gross monthly salary. Additionally, the employer may claim damages if they can prove further loss caused by the abandonment or non-entry into service. Upon job abandonment, the employment relationship ends immediately, making an immediate dismissal by the employer unnecessary. However, the employer must ensure that the employee’s departure indicates a conscious, deliberate, and definitive intention to terminate the employment relationship.

Understanding the employee’s intention

The employee’s intention to abandon their job can be explicit or implicit, often inferred from conclusive actions (e.g., not showing up for work without justification for several months). In the rare cases where the intention is explicitly stated, the employer does not need to terminate the employment contract but should acknowledge that the employee has abandoned their job and that the contract has ended.

When the intention is implicit, the employer must objectively and in good faith determine whether the employee intended to permanently leave the job. If the employee is absent due to health reasons without a medical certificate, the employer cannot assume job abandonment without first asking the employee to return to work or provide a medical certificate.

Short-term absence

A short-term absence does not automatically constitute job abandonment. It may instead represent a breach of the employee’s contractual obligations, potentially leading to immediate dismissal for just cause under Article 337 of the Swiss Code of Obligations, following a warning. For example, a temporary refusal to work due to anger is not considered job abandonment if the employer can discern the temporary nature of the refusal.

Long-term absence

In cases of long-term absence, spanning several months, the employer should consider that the employee refuses to continue the employment relationship, thereby constituting job abandonment. This prolonged absence indicates the employee’s intention to end their employment definitively.