13 Sep, 2024 by Marianne Favre Moreillon

The strictness regarding prior warning in Swiss law

13 Sep, 2024 by Marianne Favre Moreillon

When an employee breaches his duty of care and loyalty, the company may be tempted to terminate with immediate effect. But beware: in many situations, one or more prior warnings are necessary

A warning is a mean used by the employer to discipline an employee's breach of a contractual obligation.

This article discusses the following topics:

  • the concept of prior warning 
  • content and form of a warning 
  • prior warnings, ordinary termination and termination with immediate effect
  • Situations where a warning is required prior to terminating with immediate effect

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