A summary dismissal can be shocking – for both sides. It is only permitted in exceptional cases. Here you will learn when a summary dismissal is permissible and what rights you have as an employee or employer.
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1. Legal Basis (Art. 337 CO)
The dismissal must be based on an important reason that makes the continuation of the employment relationship unreasonable.
2. Permissible Reasons for Summary Dismissal
Criminal offences (e.g. theft)
Gross breaches of duty
Refusal to work despite warning
Violence, threats
Fraud or serious breaches of trust
3. Form and Deadline
The dismissal must be issued immediately after the incident and justified in writing (Art. 337c CO).
4. Consequences of Unlawful Dismissal
Employees are entitled to compensation for damages (salary until the regular end of contract) and up to 6 months' salary as compensation (§ Art. 337c Para. 3 CO).
5. Immediate Measures for Dismissed Employees
Have the dismissal reviewed
Claim continued salary payment
Secure documentation
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