Summary dismissal

Summarily dismissed? That need not be the last word.

A summary dismissal is permissible only for good cause. Without it, the employer owes the salary until the ordinary end of employment and compensation. Check free of charge whether your dismissal was justified.

✓ Free and without obligation ✓ Reply within 1 working day ✓ Only your email needed

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What happens next
Reply within 1 working day
  • ✓You describe your case in about one minute.
  • ✓We get back to you by email with an initial assessment and the deadlines that are running.
  • ✓Plus a fixed-price offer. You decide whether you need it.
A service by Omnilex

Legal professionals and engineers in Zurich. With AI covering the whole of Swiss law.

800'000+
Court decisions in the Omnilex corpus
10'000+
Decisions on dismissals under Art. 335 to 337d CO
2'700+
of which from the Federal Supreme Court
What we check
  • ✓Was there good cause?
  • ✓Was there a warning?
  • ✓Was notice given in time (as a rule within 2 to 3 working days)?
  • ✓Salary until the ordinary end and compensation
  • ✓Holidays, overtime and employment reference
Check for free

Only for good cause

The employer may dismiss summarily only if, in good faith, it can no longer reasonably be expected to continue the employment relationship (Art. 337 CO). This requires serious misconduct. Minor misconduct usually justifies summary dismissal only after a clear warning. Being prevented from working through no fault of your own, such as illness, is never good cause.

The employer must also act promptly, as a rule within two to three working days of learning of the reason. If it waits too long, the reason is deemed to have been condoned.

What you are entitled to if the dismissal was unjustified

The employment relationship nevertheless ends immediately. However, the employer owes what you would have earned until the end of the ordinary notice period, less what you earn elsewhere or save during that time. In addition, there is as a rule compensation of up to six months' salary (Art. 337c CO).

  • Request written reasons (Art. 337 para. 1 CO)
  • Do not sign anything that contains a waiver
  • Register with unemployment insurance (RAV/ALV) immediately
Flat fees

Reviewed by legal experts, at a fixed price

Describe your case and we will recommend the right package. Legal experts at Omnilex AG review your case with your documents. All prices incl. VAT.

Employees

Dismissal Check

Legal experts review your case and tell you what to do.

CHF 490flat fee
Within 2 working days
  • ✓Review of your documents by legal experts at Omnilex AG
  • ✓Written assessment: nullity, unfair dismissal, deadlines, claims
  • ✓Clear recommendation with a timeline
  • ✓Ready-to-use letter: written objection under Art. 336b CO or letter of claim
Check for free first
Employers

Dismissal Check

Dismiss with legal certainty, with ready-to-use documents.

CHF 490flat fee
Within 2 working days
  • ✓Review of the case by legal experts at Omnilex AG
  • ✓Written assessment: protection periods, risk of unfair dismissal, correct timing
  • ✓Notice of termination with the correct date and a statement of reasons on request
  • ✓Garden leave letter and guide for the dismissal meeting
Check for free first
Both sides

Conciliation Request

Your request to the conciliation authority, ready to file.

CHF 990flat fee
Within 5 working days
  • ✓Draft conciliation request with prayers for relief and statement of grounds
  • ✓List of exhibits and filing instructions
  • ✓Calculation of the claim (compensation, salary, holidays)
  • ✓For employers: response to a conciliation request
Check for free first

Frequently asked questions

Does the employer have to give reasons for the summary dismissal?+

On request, yes, and in writing (Art. 337 para. 1 CO). Request the reasons immediately.

What if I was ill at the time of the dismissal?+

Illness is not good cause. If you were summarily dismissed because of the illness, the dismissal is unjustified.

I am an employer. May I dismiss summarily?+

Only in the event of a serious incident and only immediately. Have the case checked beforehand: an unjustified summary dismissal costs salary until the ordinary end and up to six months' salary in compensation.

What does the check cost?+

The initial assessment by email is free of charge. The Dismissal Check by legal experts at Omnilex AG costs a flat fee of CHF 490.

Done in one minute. Free of charge.

Free and without obligation. Assessment and fixed-price offer by email within 1 working day.

Check your dismissal for free →
Check your dismissal for free →