Jurilo from Lawise.ai
In today's digital world, it is tempting to issue a termination quickly via email, WhatsApp, or even verbally. But what is legally permissible? What formal requirements apply in Switzerland? And what risks exist with an informal termination? In this article, we clarify whether a termination via email or verbally is valid, how proof can be provided, and what employers and employees should pay attention to.
In Switzerland, a termination is generally also possible via email, WhatsApp, or verbally. However, if contractual formal requirements or proof problems exist, it is legally risky or invalid.
FORMAL REQUIREMENTS FOR TERMINATION VIA EMAIL, WHATSAPP, OR VERBALLY
Legal Regulation: Simple Written Form on Request
According to Art. 335 para. 2 CO, an indefinite employment relationship can generally be terminated without any specific form. This means: A termination is also valid verbally, via email, or WhatsApp – provided no special form has been agreed upon in the employment contract.
However, the following applies: If the receiving party requests a written justification, this must be provided.
Contractually Agreed Formal Requirements
In many employment contracts, collective labor agreements, or personnel regulations, it is stipulated that terminations must be made in writing. In such cases, a termination via email or verbally is invalid if the agreed form is not observed.
Example: The employment contract states "Terminations require written form". Then a termination via WhatsApp is not legally effective.
Whether a termination is legally effective also depends on who terminates and what consequences result from it
→ Termination by Employer vs. Employee in Switzerland
PROOF PROBLEMS WITH TERMINATION VIA EMAIL, WHATSAPP, OR VERBALLY
Who Must Prove Receipt?
In case of dispute, the terminating party must prove that the termination was received by the recipient. With verbal termination or electronic messages (email, WhatsApp), this is often difficult.
Example: The employer claims to have terminated via WhatsApp. The employee denies receipt. Without clear proof (e.g., read receipt, screenshot with date), the termination cannot be proven.
Risk of Ambiguity
Informal terminations carry the risk of misunderstandings:
Was it really a termination or just a threat?
From when does the notice period run?
Was the termination even received?
Such uncertainties can lead to expensive legal disputes.
Informal terminations are particularly delicate in sensitive protection situations
→ Termination During Pregnancy & Maternity – Protection Period
Ambiguities about the timing of termination can also lead to the notice period being calculated incorrectly
→ Notice Period in Switzerland – Simply Explained
RISKS FOR EMPLOYERS AND EMPLOYEES
Risks for Employers
Invalid termination due to non-compliance with contractual formal requirements
Proof problems with informal termination
Risk of continued salary payment obligations if termination was not effective
Risks for Employees
Termination is overlooked or not taken seriously
Deadlines for RAV registration or new job search are missed
No written proof for later disputes
RECOMMENDATION: ALWAYS TERMINATE IN WRITING
Even if the law does not require written form, it is strongly recommended for evidentiary reasons to draft every termination in writing and with a signature – ideally by registered letter. This way, the receipt and content of the termination are clearly documented.
CONCLUSION
A termination via email, WhatsApp, or verbally can generally be valid in Switzerland – but only if no contractual written form is prescribed. In any case, there are significant evidentiary risks. To avoid later disputes, every termination should be made in writing and in a verifiable manner.
👉 Unsure whether your termination via email, WhatsApp, or verbally is valid?
Jurilo reviews terminations according to Swiss law – structured, neutral, and legally secure.
👉 See also: Termination During Pregnancy & Maternity – Protection Period
👉 Related: Termination After Conflict at the Workplace – Legal Classification
👉 Fundamentals: Termination by Employer vs. Employee – Switzerland
Sources
Art. 335 CO
Art. 11 CO
Art. 12 CO
FAQ ON TERMINATION VIA EMAIL, WHATSAPP, OR VERBALLY
Is a termination via email valid in Switzerland?
Yes, generally a termination via email is valid, provided no written form is prescribed in the employment contract or collective labor agreement. However, it is risky for evidentiary reasons.
May I terminate via WhatsApp?
Legally, this is possible if no formal requirement exists. However, receipt is difficult to prove, and there is a high risk of misunderstandings.
Is a verbal termination permitted?
Yes, a verbal termination is generally permissible. However, it is very difficult to prove and therefore not recommended.
What happens if the employment contract states "written termination"?
Then a termination via email, WhatsApp, or verbally is invalid. A signed, written termination letter must be handed over or sent by post.
How can I prove receipt of a termination?
The safest method is sending by registered letter. For emails or WhatsApp, screenshots, read receipts, or witnesses can help – but are often not sufficient.
What if I have not read a termination via WhatsApp?
If you have not read the message and receipt cannot be proven, the termination is considered not to have occurred. The sender bears the risk.
Can I contest a termination via email?
Yes, if the termination violates contractual formal requirements or receipt cannot be proven, it can be contested.
Do I have to confirm a termination in writing?
No, you are not obligated to confirm a termination. However, it may be sensible to confirm receipt to establish clarity about deadlines.
What is the best form to terminate?
The best and safest form is a written termination letter with signature, sent by registered mail or handed over personally.
Does a termination via email also apply to fixed-term contracts?
Fixed-term contracts automatically end on the agreed date. A termination is only possible if this has been expressly agreed – then the same formal rules apply as for indefinite contracts.
