Dismiss without taking a risk.

Timing is decisive

If the employee is ill, injured in an accident or pregnant at the time of the dismissal, the dismissal is void (Art. 336c CO). The protection period for illness lasts 30, 90 or 180 days depending on the year of service. If the incapacity for work only begins during the notice period, the employment relationship is extended.

The notice must be received before the notice period begins. What counts is receipt, not dispatch. Giving notice just before the end of the month risks one more month's salary.

Avoiding unfair dismissal

Even a valid dismissal can be unfair and trigger compensation of up to six months' salary (Art. 336 and 336a CO). Particular care is needed with long-serving, older employees, with conflicts in the team and after claims have been asserted. Depending on the situation, the Federal Supreme Court requires a hearing and consideration of less drastic measures.

• Document the reasons and give a prior warning for performance shortcomings
• Hear older employees and consider alternatives
• Address conflicts first with appropriate measures

Summary dismissal only for good cause

A summary dismissal requires serious misconduct. It must be given promptly, as a rule within two to three working days of learning of the reason. If it is unjustified, you owe salary until the ordinary termination date and compensation of up to six months' salary (Art. 337c CO).