Give fair notice
Mitarbeiter zu entlassen, gehört zu den unangenehmsten und heikelsten Aufgaben einer Führungskraft. Eine Kündigung ist nicht nur hart für den betroffenen Arbeitnehmer, sondern Entlassungen wirken sich immer auch auf die zurückbleibenden Mitarbeiter aus. Diesen gibt es Sicherheit und Vertrauen in den Arbeitgeber, wenn sie sehen, dass Kündigungen respektvoll und fair abgewickelt werden. Von Irmtraud Bräunlich Keller, lic.rer.pol., Redaktorin und Arbeitsrechtsexpertin beim Beobachter-Beratungszentrum
From a purely legal point of view, employment contracts can be terminated quickly and easily. Swiss employment contract law is based on the principle of freedom of termination. With a few exceptions (blocking periods in the event of incapacity for work, military service, maternity), contracts can be terminated at any time - even without a valid reason. The law does not prescribe a specific form. Notice can be given verbally, in writing or by text message. However, it does not speak for your corporate culture if you give your employees notice with a few words just before the end of the working day or - even worse - simply send them a pink slip home without warning. It is in your own interest to handle separation processes fairly and decently. In most cases, this can prevent further problems, such as months of sick leave for the dismissed person, disputes and perhaps even lawsuits. Also bear in mind that employees who believe they have been wronged will talk badly about your company and possibly reveal internal information. Employees are also increasingly making comments about their (former) employers on internet forums and blogs. This (positive or negative) publicity should not be underestimated. Treat employees who have to leave with respect. They should be able to maintain their dignity during the separation phase. Please note the following tips:
- It is advisable to hold two termination interviews: a first one to discuss the facts and a second one to discuss detailed issues. This gives the terminated employee time to digest the shock and think about unanswered questions.
- Don't give notice on a Friday evening or before the vacations, and certainly not just before Christmas. Allow enough time for the interview.
- Get to the point without digressions and small talk. Don't raise false hopes.
- Give reasons for the termination - ideally with reference to previous discussions. The termination meeting is not the time for a general reckoning or for petty hacking at weaknesses and mistakes.
- Give the employee time to react. Show understanding without becoming defensive.
- If the employee is not at fault, you should consider ways of accommodating him or her (extension of the notice period, career counseling, leave of absence, severance pay, early retirement).
- Do not pressure him to sign any resignation agreement. Give them time to think about it. If the employee is to be given the opportunity to resign themselves, they must also be able to consider this at their leisure.
- Arrange a follow-up meeting. Make a note of any unanswered questions.
- Determine how the departure is to be communicated internally and externally.
Important: Terminations usually have a history. If there are signs of major conflicts with an employee, you should seek a discussion at an early stage. Important points of criticism, warnings, objectives, etc. should be recorded in writing. If you can document problems with an employee in black and white, including attempts to resolve them, you will have no trouble justifying your decision to part company objectively. You will also be in a better position in the event of a legal dispute with the employee over the reference or alleged misconduct.
