Error 1: For termination, it needs a good reason

“Is that a reason for termination?”, questions callers to the advice Hotline of the observer often, if you happened to in the Job, an accident, or there is a conflict with superiors. The answer: May be, but need not. Because of the Swiss contract law, the principle of termination of freedom. An employment relationship may be terminated by either party at any time, with a few exceptions. It takes neither a valid reason nor a warning. Thus, terminations, out of the blue are permitted. According to the Federal court it is “barely decent”, if without the need of prior call is terminated, but not illegal. Better state employees are generally protected.

mistake 2: A notice must always be made by registered letter

For the termination of an employment contract, the law prescribes no particular Form. It is crucial that the kündig is expressed at the end of his will, clearly and unmistakably, on which date the employment relationship is to be resolved. This can also be done orally, by E-Mail or SMS, unless a contract had been agreed in a particular Form. For reasons of Proof, but it is recommended always to terminate in writing and the receipt of the notice by the other party to confirm.

mistake 3: In case of written cancellation of the postmark is decisive

A notice of termination becomes effective once the recipient takes note of the postmark does not matter. Thus, the notice period may begin on the First day of the month to run, you must have the notice no later than the last day of the previous month when Terminated arrive. It comes later, it is still valid, the employment relationship is extended for a month. And about a registered letter cannot be delivered as the recipient has arrived when he will be picked up at the Post office or can be picked up.

mistake 4: It is always better to announce yourself, to be terminated

to be Terminated, is considered by many as a disgrace. Since you want to go by yourself and in the work certificate to certify that they have left the place “at his own request”. It may be that this is good for the Ego. But make no mistake about it: When someone announces, and then is unemployed, it raises questions. Also, legally, the resignation has disadvantages. The notice will lapse in the event of incapacity for work (see misconception 7), and it is also possible for the termination of the contract, to challenge as unfair. In addition, you risk problems with the unemployment insurance (see mistake 5). As a rule of thumb is therefore: if you Cancel until you have a new job. Otherwise, it is supposed to do by the employer. By the way: It doesn’t have to be necessarily included in the employment certificate, who has resigned.

mistake 5: If I quit myself, I can not go stamping

The claim to a daily unemployment allowance depends on various factors. For example, the unemployed need to have in the last two years, a minimum of twelve months as an employee ALV-contributions paid, you will need to mediation to be capable of and actively seek new work. If these conditions are met, you can also refer to a daily unemployment allowance if you quit. But Who is his own fault to be unemployed – for example, because he or she has been abandoned without a reasonable point, can be fined with sensitive daily allowance cuts. In the case of a heavy fault on the part 60, such a setting days, a maximum of possible.

mistake 6: Long-term employees who are terminated without fault, are entitled to a severance payment

Unfortunately, this is not the case. There is in the law of obligations a provision which States that over a 50-Year-old, the escape after more than 20 years of service from a company, a Severance payment of two to eight months ‘ wages to the benefit. However, the employer may deduct those contributions which he has paid for the employees in the pension Fund. In General, the pension Fund contributions are higher than the possible Severance payment. Can therefore benefit only low-income earners, which are not subject to the pension Fund, mandatory (annual wage from the current under 21’150 Swiss francs). At best, a collective labour agreement or social plan provides for a severance payment. In all other cases, it remains only to hope on the Goodwill of the employer.

mistake 7: as Long as a worker is sick, one must not denounce him,

Actually, there is the case of total or partial incapacity for work, a künigung protection. He is, however, limited in time, and depending on the years of service. In the first year of service may not be terminated from the beginning of the incapacity for work during a period of 30 days. From the second to the fifth year of service, the protection period lasts for 90 days, starting from the sixth year of service 180 days. The lock-up period expires or the employee is to be 100 per cent capable of work, may terminate the employer. Employees may cancel at any time, even during an illness.

mistake 8: The reference in there only on the last day of the employment relationship

it will act in Accordance with the law, you may at any time request a certificate immediately after receipt of the notice of termination or during the employment relationship, for example, if a head change is imminent. How quickly the employer must issue the certificate, says the law. About two weeks waiting period will apply as appropriate.

mistake 9: Reaching the pension age, the employment relationship automatically ends

This is only the case if it was agreed in the contract. Otherwise, there also needs to be in attainment of the AHV retirement age, a termination, if you want to retire. In many cases, you will agree with the employer on termination of the contract. Otherwise, the employment relationship continues. In any case, it is not forbidden to be over retirement age in employment.

error 10: “Free” means to be dismissed “without notice”

employees with a lot of customer contact or in a managerial Position after completion of the termination, often, by immediately free. You are relieved of all duties, but by the end of the notice period, the full salary with all allowances. An exemption, however, is faith no dismissal how many, if you have to suddenly vacate your workplace. A “Period-free” is only permitted in certain exceptional cases – namely, when the employee has committed against the employer, a serious breach of trust (fraud, theft, competition with the employer, etc.). Such a dismissal terminates the employment relationship immediately, with a further salary payments are not due. In the case of an exemption, the employment relationship continues, however, in principle, until the expiration of the ordinary period of notice. The exemption brings employees no disadvantages, on the contrary, The or the Terminated can dedicate all the rest of the job search, or the rest of the holidays move in.