Notice period

Principle

When an employer and employee have entered into a contract for an indefinite period of time, both may in principle terminate it at any time. With the exception of specific cases of immediate termination or termination agreement, there is a notice period that must be respected by both parties.

It allows the employer to find a replacement and the employee to look for a new position. The length of the notice period depends on the employee's length of service.

Protection against untimely termination of employment

A worker who has cancer, an employee who becomes pregnant or has a car accident, an employee called up for military service... These are all situations in which the search for a new job is severely compromised. The employee is protected against termination at the wrong time. When such situations arise during the notice period, the latter may be suspended for a certain period of time.

An employee may be tempted to rush to the doctor after termination in order to suspend the notice period. A well-informed employer will challenge such a medical certificate if he has doubts about its veracity.

Termination agreement

In certain tense and delicate situations, cooperation between employer and employee can sometimes be compromised. The notice period can be particularly long when the employee has long service or is protected against termination at the wrong time.

A termination agreement is always possible! It allows the contract to be terminated by mutual agreement, without observing the notice period. However, it is subject to a number of conditions of validity, as well as the requirement of mutual concessions.

Immediate termination

A termination or resignation with immediate effect is possible when the terminating party has just cause. Theft, serious sexual harassment, embezzlement... Only particularly serious or repeated reasons are likely to justify immediate termination.

If this is the case, the party making the claim does not need to respect the notice period. But beware of the consequences if immediate termination is unjustified! The employer will have to pay compensation corresponding to what the employee would have earned if the notice period had been respected, plus additional compensation of up to 6 months' salary.

Mass redundancy

In the event of economic difficulties, employers are sometimes forced to make mass redundancies. As soon as mass redundancies are contemplated, the employer must formally consult the workforce. Once this procedure has been followed, the employment contracts can be terminated, subject to compliance with each employee's notice period. In addition, the employment relationship may not be terminated before a certain period has elapsed following notification of the mass dismissal to the Cantonal Employment Office.

Vacations during the notice period

When employees resign or are terminated, they may not have taken all the vacation time to which they are entitled. The question then arises as to whether the employer can require the employee to take vacation or compensate for overtime during the vacation period.

The primary purpose of a vacation is to allow the employee to rest and relax. However, when an employee loses his job, he is obliged to look for a new position, which can jeopardize the goal of rest and relaxation. There are many criteria for determining whether an employee is able to take a vacation during the notice period.

Vacation and sabbatical leave

Vacation and unpaid leave are not periods of protection against untimely termination. In principle, the employer is free to terminate the employee's employment during this period. In certain situations, the notice period will not begin to run until the employee returns.

Minimum/maximum duration contract

Minimum and maximum duration contracts are not well known. A minimum-term contract guarantees that the employment contract will not be terminated before a certain date. A maximum-term contract, on the other hand, guarantees that the contract will be terminated on a specific date. In some cases, it may be possible to terminate the contract by observing a notice period.

Both types of contract have the characteristics of a fixed-term contract and an open-ended contract. So it's easy to get confused when it comes to knowing which notice period to apply!

Release from the obligation to work

Employers sometimes release their employees from their obligation to work during the notice period, for example to remove a troublemaker or an executive occupying a strategic position within the company.

But be careful! Even if the employee is not working, he is still subject to the duty of fidelity during the notice period. Not all activities are permitted!

Amendment-termination

When an employer wishes to modify an employment contract to the disadvantage of an employee, it is necessary to use the amendment-termination mechanism. The employer will send the employee a letter of termination, while offering to continue the employment contract under modified conditions. Can he implement these changes immediately, or must he respect the notice period? That's the question!

Restitution

Laptops, cars, smartphones... Employers often provide their employees with work tools, which must be returned at the end of the employment relationship. If the employee is released from the obligation to work, must he return the equipment on the last day of actual work, or at the end of the notice period?

Company transfer

By law, when a company is transferred, the contract automatically passes to the acquirer, with all the rights and obligations that this entails. Employees do not enter into a new employment contract with the acquirer. They benefit from a notice period corresponding to their length of service with the company. Before transferring a company, the employer must comply with a strict procedure for informing and/or consulting the workforce.

Fixed-term chain contract

The provisions on notice periods apply only to open-ended contracts. Fixed-term contracts, on the other hand, end on a specific date without a notice period.

An employer may be tempted to conclude several fixed-term contracts in succession, in order to avoid having to observe a vacation period and any period of protection against vacations in the event of illness or accident. If there is no objective reason to do so, this constitutes an abuse of rights. The various contracts may be reclassified as open-ended, with all that this implies.

On-call work

Primarily found in the sales and catering sectors, on-call work is popular with some companies. The employer proposes assignments to the worker, who is free to accept or not. When the employer doesn't need the worker's services, he often doesn't call at all, or only very infrequently. Given the precarious nature of this type of work, the Swiss Federal Court has set limits. The employer is obliged to respect the legal notice period.