Employment Contract
By nature, Labour Law provides protection to the employee against dismissal or unilateral termination of the employment contract by the employer. Sometimes, it may happen that an employer wants to dismiss an employee with bad performance. If you, as an employer, are not satisfied, there are two ways to terminate the contract: the first one is to terminate it with prior authorisation by the public employment service, and the second one is to request the contract termination before the cantonal court.
The employment contract is the one that binds the employee to do a job under the authority of his/her employer, which will, in turn, be bound to the payment of a salary.
The employment contract is a free-format agreement which may be executed verbally or in writing and for a definite or indefinite term. However, there are some stipulations that should be established in writing. The employer should also consider general regulations, such as the collective bargaining agreement and Public Law regulations (minimum salary, for example).
The cantonal court or the public employment service will offer the employee the chance to defend him/herself. To secure his/her rights to compensation by virtue of the Unemployment Insurance Law, it is important to file an objection to the termination of the employment contract.
A dismissal has important personal and economic consequences for you as an employee. It is advisable to resort to a lawyer or other legal advisor in time. Counting with a lawyer is not a sign of distrust towards your employer but help to terminate your contract successfully or to settle the conflict.