Reasons for termination

Grounds for dismissal are the legal causes or motives that allow an employer to terminate the employment relationship with an employee. As a rule, these grounds must be clearly defined, either in the employment contract or in the relevant legislation. In order to avoid legal problems, an employer's reasons for termination must always be based on lawful and comprehensible grounds if it intends to terminate an employee.

Types of grounds for dismissal

The grounds for dismissal can vary depending on the country and jurisdiction. The most common reasons for dismissal are misconduct in the workplace, such as theft or serious breach of work duties, as well as dismissal for operational reasons due to economic reasons or restructuring within the company. Personal reasons such as long-term illness or inadequate performance can also be other grounds for dismissal. Employers must be fully aware of the statutory grounds for dismissal and comply with them in order to avoid conflicts under employment law.

EU law and grounds for dismissal

The grounds for dismissal and protection against dismissal in the event of collective redundancies in the European Union (EU) are regulated by Directive 98/59/EC. The Directive sets minimum standards for protection against dismissal and requires Member States to define appropriate grounds for dismissal. Employers in the EU are often obliged to draw up social plans to support the employees affected in the event of collective redundancies or compulsory redundancies.

Reasons for dismissal in Switzerland

The grounds for dismissal in Switzerland are regulated in the Swiss Code of Obligations (CO). According to the CO, terminations of employment relationships must be based on good cause. Examples of good cause include the employee's inability to perform the agreed services or conduct that makes continued employment unreasonable. In Switzerland, employers must carefully observe the statutory provisions on protection against dismissal in order to avoid labor law disputes.