Sunday, April 2, 2023

10 common misconceptions about quitting

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Misconception 1: You need a good reason to be dismissed

“Is that a reason for termination?” callers to the advice hotline often ask when they have had a mishap at work or conflicts with superiors arise. The answer: it can be, but it doesn’t have to be. Because in Swiss employment contract law, the principle of freedom of termination prevails. An employment relationship can be terminated by either party at any time – with a few exceptions. Neither a valid reason nor a warning is required. This means that redundancies out of the blue are also permissible. According to the Federal Supreme Court, it is “hardly decent” to be dismissed without a prior discussion, but it is not unlawful. State employees are generally better protected.

Misconception 2: A cancellation must always be made by registered letter

The law does not prescribe a specific form for terminating an employment contract. It is crucial that the person giving notice clearly expresses his will and that it is clear when the employment relationship is to be terminated. This can also be done verbally, by e-mail or SMS, unless a specific form has been contractually agreed. For reasons of proof, however, it is always advisable to give notice of termination in writing and to have the other party confirm receipt of the notice of termination.

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