Warning Letter in Switzerland

Legal Basis and When It Is Used

There is no statutory requirement to give a warning before ordinary dismissal. However, Federal Supreme Court case law has established that for dismissal on grounds of performance or repeated misconduct, a prior warning is required for the dismissal to be considered 'non-wrongful'. This means: dismissal without prior warning for inadequate performance could be challenged as wrongful. For serious misconduct justifying summary (immediate) dismissal, no warning is needed.

Content and Delivery

A proper warning should: identify the specific behaviour or performance gap, set a clear improvement target with a timeframe, state that non-compliance will lead to dismissal, and be delivered in writing with receipt confirmed. Verbal warnings have limited legal force. The warning should be signed by the recipient if possible, or sent registered mail. The warning goes in the personnel file, employees have the right to add a written response (disagreement note).

Employee Response and Erasure

Employees who receive a warning have the right to submit a written disagreement to be placed in their personnel file alongside the warning. If the reason for the warning is disputed (factual errors, disproportionate), the employee should respond in writing. After a certain period without recurrence (often 12–24 months), case law suggests a warning loses its legal force and cannot be used to justify dismissal. Ask HR in writing when the warning expires.

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Frequently Asked Questions

Can I be dismissed without a prior warning in Switzerland?

For ordinary dismissal: yes, legally. But for misconduct or performance grounds, courts expect a prior warning. Without it, the dismissal may be found wrongful, entitling you to up to 6 months' compensation.

How should I respond to a warning letter?

In writing, to be placed in your personnel file alongside the warning. Address the specific facts. Do not ignore the warning, silence may be interpreted as acceptance. Seek union or labour law advice if the warning is unfair.

How long does a warning stay on my file?

Swiss law does not set an expiry date for warnings. Case law suggests 12–24 months of good conduct erases its legal effect. After this period, an employer cannot rely on an old warning to justify dismissal for the same type of conduct.