In Spain, dismissal with immediate effect is essentially reserved for serious misconduct. In Switzerland, the system works the same in theory, but in practice there is more confusion than there ought to be. The Swiss Code of Obligations (Art. 337) permits immediate dismissal, but only for “serious just cause”. It is not enough that the company simply wants to end the employment relationship quickly, nor that there is a bad working atmosphere, nor that results have declined. Something specific and serious is required: theft, fraud, acts of violence, serious disclosure of confidential information, or repeatedly and without reason refusing to follow reasonable instructions. That sort of thing.
If your employer dismisses you with immediate effect without there being serious cause, the law entitles you to two things. Firstly, you are entitled to receive your salary as if the standard notice period had been observed. If you were entitled to one month’s notice, you are owed that full month’s pay even if you have not set foot in the company since. Second, you can claim additional compensation of up to six months’ gross salary (Art. 337c CO). The judge decides the exact amount based on the circumstances, but the right exists.
All too often, people simply take the envelope, sign whatever’s on it and leave without knowing any of this. Sometimes it’s because they feel pressured in the moment, and sometimes it’s because nobody has explained to them that they have that right. The limitation period for claiming this compensation in Switzerland is five years, so there is time. But you have to take action, because no one is going to explain that you have this option unless you seek it out yourself.
If something like this has happened to you or you find yourself in this situation, the first thing to do is not to sign anything under pressure, to keep a record of everything and, if you have any doubts, to seek advice from a legal service or a workers’ organisation. In Switzerland, there are trade union services that offer free initial advice.