Qué es la asistencia jurídica?
In Switzerland, the procedure for terminating a labor contract depends on the type of contract and the duration of the employment.
For fixed-term contracts, it is generally not possible to terminate them before the end of the agreed period, except in cases of serious misconduct or by mutual agreement between the employer and the employee.
For open-ended contracts, the termination procedure is regulated by the Swiss Code of Obligations. According to the legal provisions, the employer and the employee may terminate the contract at any time, subject to a notice period that varies according to the employee’s seniority in the company:
- during the trial period, which is usually three months, the termination can be done at any time, with a notice period of one week;
- after the trial period, the notice period is one month during the first two years of service, two months until the tenth year of service, and three months for employees with more than ten years of service.
The period of leave may be extended by the collective labor agreement applicable to the company, or by an agreement between the employer and the employee. In addition, the employer must provide the employee with a written letter of termination, which must contain information on the period of leave, the reason for the termination and the terms of departure.
It is recommended that employees who wish to terminate their employment contract contact their employer directly to discuss the procedure and details of the termination. In some cases, it may be possible to negotiate an amicable termination or find other solutions to avoid leaving the company permanently.