Just a quick question
Resigning as an employee without notice
In which cases an employee may resign without notice.
27. February 2023
Are you looking for a lawyer for employment law?
Experts for
Labor law
Labor law disputes are therefore among the most common legal problems in practice. Accordingly, our employment law lawyers regularly handle employment law cases and represent both employees and employers competently.
Our employment law experts have already conducted numerous proceedings in connection with employment law disputes and therefore have many years of experience and expertise.
Are you looking for a lawyer for employment law? For case inquiries from new clients, we first conduct an initial meeting. This costs a flat rate of CHF 330 and, together with the case inspection, takes about an hour. We look forward to receiving your appointment request.
Labor law
Where are we active?
The services of your employment law attorney include the following areas, among others:
Help for employees in the event of unjustified or abusive dismissal・Help with bullying・Support for employers in the event of unjustified claims by employees・Advice on the legally compliant drafting of employment contracts, rules and regulations・Supportin the legally compliant implementation of employment law issues (compliance)・Representation and advice in employment law proceedings
Terminations
abusive/unjustified
Most employment law cases concern unjustified dismissals without notice or abusive dismissals.
While such dismissals are valid, if they are unlawful, the judge can award the employee compensation of up to six months’ wages.
Has your employer dismissed you unlawfully or abusively or is one of your employees claiming such dismissal? We are happy to examine the situation and represent your interests in a competent, committed and confident manner.
If an amicable settlement is conceivable, we will negotiate on your behalf and try to reach a settlement between the parties. Your employment lawyer will be happy to advise you.
Illness
Obligation to continue to pay wages
The obligation to continue to pay wages in the event of illness often leads to disputes between employers and employees. The conclusion of daily sickness benefits insurance instead of the statutory obligation to continue salary payments and the introduction of waiting days further complicate this legal issue.
Conflicts also often arise over the calculation of vacation entitlement after prolonged absence due to illness, the obligation to submit medical certificates or visits to the employer’s medical officers.
Your employment lawyer will be happy to advise you on this during a non-binding initial consultation.
Bullying
Breach of the duty of care
Bullying has far-reaching negative consequences for the physical and mental health as well as for the professional and private situation of the victim. Accordingly, the employer is obliged, as part of its statutory duty of care, to prevent bullying or bossing or to take appropriate measures against it.
If the employer breaches this duty of care and instead dismisses the victim or the victim dismisses the employer because the employer fails to act, a court can oblige the employer to pay compensation.
The difficulty often lies in the context of mobbing often lies in establishing the facts of the case so that the allegation of bullying can be substantiated or refuted in a legally sound manner.
Are you a victim of bullying or is one of your employees making allegations of bullying? Your employment lawyer will be happy to advise you on how to proceed.
Sexual harassment
at the workplace
A study carried out in Switzerland in 2007 revealed that 28 percent of the women and 10 percent of the men surveyed had felt sexually harassed or disturbed by such behavior in the course of their working lives.
As a result of social sensitization, more cases of sexual harassment in the workplace are to be expected.
Insofar as the employer is obliged to act within the scope of its duty of care, but at the same time there are criminally relevant accusations in which the presumption of innocencemust notbe violated , the employer is regularly in a dilemma when it comes to allegations of sexual harassment in the company.
This must be countered in particular by suitable organizational measures and processes. Ideally, these should be anchored preventively at regulation level, i.e. before incidents occur.
Are you a victim of sexual harassment in the workplace, a victim of unjustified allegations of sexual harassment in the workplace or an employer in need of support in terms of prevention or regarding a specific allegation? Your lawyer for employment law will be happy to advise you.
Lawyer for labor law
What we do for you
Labor law is basically contract law. At the same time, however, labor law is comprehensively regulated by mandatory legal provisions, primarily for the protection of employees. In principle, these may not be deviated from (at least not to the detriment of the party whose protection is to be ensured by the mandatory statutory provision).
As part of our work, we interpret the contractual provisions correctly and work towards the correct enforcement of the mandatory legal provisions in the interests of our clients.
Classic legal practice
with the most modern means
For case inquiries from new clients, your employment lawyer will first conduct an initial consultation with you. This costs a flat rate of CHF 330 and, together with the case inspection, takes about an hour. The initial meeting can take place either on site in our office, by video call or by telephone.
At the initial meeting, we draw up the facts of the case and check the documents you have provided. You will then receive an initial legal assessment from us. In clear cases, we try to present a solution immediately. In more complex cases, we discuss the opportunities and risks as well as the costs of the next steps together after the initial assessment. If you wish to mandate our law firm, we will agree the terms of the mandate and the further procedure together.
Our successes
Cases - Case studies
We are happy to use successful case studies to explain what your employment lawyer can do for you and in which areas we are happy to support you competently, efficiently and confidently.
Abusive dismissal and breach of duty of care
Two team leaders of a retirement and nursing home drew the management’s attention to the unacceptable behavior of the nursing service management. Contrary to their promises, however, the home management did not conduct a suitable mediation, but instead dismissed the two employees, who were subsequently represented by us. The case attracted local media attention.
In a process lasting several years, we defended the interests of the employees through two court instances. and successfully sued for compensation of three months’ wages each. The ruling was unsuccessfully appealed by the other side to the High Court of the Canton of Zurich.
Enforcement of a ban on customer solicitation
An SME we represented in the financial sector had the following in its employment contract with a customer advisor a non-solicitation clause with a contractual penalty. Such a non-solicitation clause goes less far than a general non-competition clause. Due to the lower level of intrusion, a customer non-solicitation clause is generally more successfully enforceable in law than a non-competition clause.
After termination of the employment contract, the customer advisor all previous customer relationships by another employee of his new employer . The contact attempts via the new employer were so widespread that there was no doubt before the competent court, based on the written statements obtained from the customers contacted, that there had been a breach of the ban on soliciting customers. Accordingly, the other party was ordered to pay the contractual penalty of CHF 50,000 before the competent district court.
Your employment lawyer will support you every step of the wayI
Make an appointment
Call our law firm in Winterthur on +41 52 222 01 20or make an appointment online for an initial consultation.
News and knowledge
Exciting articles and contributions about labor law
Just a quick question
No start of work – compensation?
Art. 19 AVG requires a written employment contract for personnel placement.
28. December 2021
