SWITZERLAND Law and Practice Contributed by: Philippe Nordmann, Irène Suter-Sieber, Jonas Knechtli and Gustaf Heintz, Walder Wyss
Possible deviations from the statutory notice periods Both the probation period and the notice periods (including their effective date) may be amended by written agreement, standard employment contract or CBA, subject to the following restrictions: • while it is possible to exclude any probation period, the probation period may not be extended beyond three months; • the notice period may not be less than one month (unless agreed within a CBA and for the first year of service only); and • the notice periods must principally be the same for both parties (unless the employer has already given notice for economic reasons or at least expressed such an intention) – if the parties nevertheless agree on unequal notice periods, the longer period is applicable to both parties. Severance Pursuant to the statutory provisions, the employer is only required to pay the employee compensation during the notice period. While the employer may not unilaterally move the termination date forward by providing a payment in lieu of the notice period, they may put the employee on garden leave dur - ing such period (possibly offsetting at least part of the employee’s vacation balance and a replacement income), unless the employee exceptionally claims a legitimate interest in effectively rendering their work (eg, professional athletes and surgeons). However, subject to the respective prohibition with regard to Swiss stock corporations whose shares are listed on a stock exchange (see 1.4 Compensation ), providing for severance payments in employment contracts or CBAs is perfectly possible. (No) Formalities to Be Observed Issuing a valid notice of termination does not require the observance of any formalities, other than in con - nection with collective redundancies (see 7.1 Grounds for Termination ) or in the case of a respective con - tractual agreement (eg, a written form requirement provided by an individual employment contract). For evidentiary purposes, however, it is most recommend - able to issue notices of termination in such a way that the fact and date of receipt can be proven.
this decision and issue the required notices of ter - mination. Moreover, the employer must inform the cantonal employment office about the results of the consultation and provide it with further appropriate information in writing, with a copy sent to the works council or (if there is none) to the employees. The lat - ter step is of particular importance since individual employment relationships terminated in the course of collective redundancies may not end until at least 30 An employer normally employing at least 250 employ - ees and intending to make at least 30 employees redundant within 30 days for reasons which are unre - lated to the person of the affected employee is obliged to agree on a social plan with the works council or (if there is none) the employees – ie, an agreement set - ting out measures to avoid redundancies, to reduce their number and to mitigate their consequences. If no agreement can be reached, however, the social plan will eventually be issued by an arbitral tribunal. 7.2 Notice Periods Notice Periods Required observance of notice periods Unless the employer or the employee claims that there is good cause for a dismissal for serious cause (see 7.3 Dismissal for (Serious) Cause ), terminating a permanent employment contract always requires the observance of a notice period. Statutory notice periods Pursuant to the statutory provisions, the following notice periods apply: days after such notification. Duty to Issue a Social Plan • during the probation period (by default the first month of an employment), the employment may be terminated at any time by giving seven days’ notice; and • after completion of the probation period, if any, the employment may be terminated at one month’s notice during the first year of service, at two months’ notice between the second and the ninth year of service and at three months’ notice there - after, with all such notice to expire at the end of a calendar month.
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