fristlose Kündigung · termination with immediate effect

Both employer and employee may terminate the employment contract with immediate effect, at any time, for good cause. The court determines at its discretion whether good cause exists. Summary dismissal, the usual English expression, only covers termination by the employer, whereas the Swiss rule applies to both parties.

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The term in four languages

German
fristlose Kündigung
French
résiliation immédiate
Italian
risoluzione immediata
English
termination with immediate effect

Definition

Good cause means any circumstance that, in good faith, makes it unconscionable for the party giving notice to continue the employment relationship. The terminating party must give its reasons in writing if the other party so requests. An unjustified termination with immediate effect still ends the contract, but the employer must pay what the employee would have earned until the end of the notice period. The court may also award compensation.

Employment lawArt. 337 CO

Swiss federal acts are published in German, French and Italian, and all three versions are equally authoritative. The English term shown here comes from the Federal Administration's English translation, published on Fedlex for information only. Where there is no translation, it follows common usage.

Full glossary

The term in an official text

Source: Fedlex, Code of Obligations. In Corrext, this segment and the ones around it appear in Fast lookup CHnell, each with its reference.

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