Terminating your domestic worker - the strategic guide

Reasons for dismissal - and which ones really count

Swiss employment law follows the principle of dismissal freedom. Both sides can end the employment relationship without giving reasons. Yet the law distinguishes two paths that work very differently.

Good causes for immediate dismissal are narrowly defined: theft, persistent refusal to work, physical assault, serious insults or major breaches of trust. Poor cleaning quality, unreliability or a broken plate are not enough. When in doubt: terminate ordinarily.

Notice periods - what the law says

Minimum periods are governed by Art. 335b and 335c CO. They can be extended contractually - but not differently for each side. If the employer's notice is two months, the same applies to the employee.

The notice period starts the day after receipt of the termination and runs to the end of a calendar month. Example: you give one month's notice on 5 May - the employment ends on 30 June, not 5 June.

NAV domestic work & cantonal differences

The standard employment contract for domestic work (NAV) applies subsidiarily - only where you have no written contract. NAV notice periods usually match the CO minimums, but some cantons (e.g. Geneva, Ticino) have their own NAVs with deviations. Check your canton's NAV if there is no written contract.

Form & writing - how to terminate

The CO does not prescribe a specific form for dismissal. You could in theory terminate verbally or by WhatsApp - and it would be valid. In practice this is a serious mistake, because in a dispute you must prove when the dismissal arrived. Without proof, the deadline shifts by weeks.

• •Registered letter with confirmation of receipt: The gold standard. The post office confirms the delivery date, which is legally robust. Important: the deadline starts on the day of effective receipt, not the day of posting.
• •Hand-delivered against signed receipt: Also works - have the cleaner sign the original with date. Keep a copy.
• •Email or WhatsApp: Legally valid but hard to prove in a conflict. Useful only as a supplement to the registered letter, never the sole channel.
• •Verbal: Avoid. In a conflict it is your word against hers, and you will likely lose.

Protection periods - when you cannot terminate

Art. 336c CO protects employees against dismissal in certain life situations. A termination issued during a protection period is null and void - it has no effect. You must reissue it after the period ends.

• •Illness & accident - 1st year of service: 30 days protection. 2nd-5th year: 90 days. From 6th year: 180 days. A medically certified incapacity for work is required. More on this.
• •Pregnancy & maternity - Throughout the entire pregnancy and 16 weeks after birth. Longer than any other protection period - and absolute, regardless of years of service. More on this.
• •Military, civil or protection service - During mandatory military, civil or civil protection service; if the service lasts more than 11 days, additionally four weeks before and after (Art. 336c para. 1 let. a CO). Also applies to women called up in equivalent functions.
• •Aid mission abroad - When officially mandated to participate in an aid mission abroad with the employer's consent - rare, but provided for by law.

A termination during a protection period is null and void - not just contestable. You must reissue it after the period ends.

Wrongful dismissal - even correct form can be expensive

Even when you respect every formality and protection period, a dismissal can still be wrongful. Art. 336 CO lists the main cases:

• •Dismissal because of an inherent personal characteristic (e.g. religion, origin, sexual orientation) - unless related to the employment.
• •Dismissal because the employee asserted a claim in good faith (e.g. unpaid wages, holidays, protection period).
• •Dismissal for exercising constitutional rights (e.g. union membership, political activity).
• •Retaliatory dismissal after a legitimate sick notice or claim.

The court sets the compensation at its discretion, based on the severity of the breach, length of employment, employee's social situation and employer's finances. The dismissal itself remains valid - the compensation is a penalty on top.

Step-by-step procedure

Final pay & key handover

Due on the last working day: every open claim. A final settlement that misses items is the most common trigger of wage lawsuits. Mandatory positions:

• •Pay out unused holidays: Untaken holiday days are converted into cash (Art. 329d para. 2 CO). For a CHF 2,000 monthly salary, one holiday day is roughly CHF 92.30. Note: during the notice period you may order holidays, but only proportionally to the time remaining.
• •Pro-rata 13th salary: If contractually agreed: pay out proportionally. Example: departure on 30 June, 13th salary agreed, gross salary CHF 2,000 - due is 6/12 = CHF 1,000.
• •Overtime: Accrued overtime paid out with a 25% supplement, unless free time compensation was agreed (Art. 321c CO).
• •Withholding tax & social insurances: Show clearly on the final payslip. For a Swiss-based cleaner: AHV/IV/EO 5.3%, ALV 1.1% up to CHF 148,200, NBU premium charged to the employee.
• •Key receipt & work materials: Take back keys in person against a written receipt. Cleaning materials and equipment owned by the employer go back too.
• •Work reference: Mandatory without exception (Art. 330a CO) - even for a three-month employment. Full reference with assessment, or work confirmation without judgement. On request a full reference must be issued.

Common mistakes - and how to avoid them

Frequently asked questions