Release from the Obligation to Work under Swiss Law
5 Nov, 2024 by
When a contract is terminated by either party, the employer may, in certain situations, have an interest in no longer employing his employee until the end of the notice period. There are several subtleties to the release from the obligation to work, also known as a “garden-leave”.
Can the employee object to the release from the obligation to work? What are the effects of a release on the employment relationship? Is the employee free to start a new job before the end of the notice period? Can the employer impose vacation and compensation of the overtime during the period of release? Under certain circumstances, can the employer require the employee to return to work?
This article covers the following topics:
- release from the obligation to work
- the employee's obligation to cease all actual work
- the employer's right
- employee's objection to release
- continuation of employment during notice period
- employee's duty of care and loyalty
- right to salary
- reimbursement of expenses
- return of professional equipment
- starting a new job before the end of the notice period and its consequences
- taking vacation time during leave
- compensation for overtime