What to do when employees do not fulfill their work obligations
Employees are contractually obligated to perform their work. However, employees do not always actually fulfill this obligation. The Swiss Code of Obligations provides various options that allow employers to take action against non-fulfillment of work obligations.
Every employee has a personal duty to work, according to which he or she must perform the work contractually agreed upon. But what can employers do if employees do not fulfill their working duties? If an employee does not fulfill his or her work obligation properly or at all, the following sanctions may be considered:
Refusal to pay salary
Like most contracts, the employment contract is characterized by the exchange of performance and consideration. The performance of work is compensated by wages. Therefore, if the employee does not fulfill his working duties, the employer can refuse to pay the salary. However, this only applies if the employee does not perform at all. If the work is merely deficient, the wages must still be paid.
Liability for damages
The employee is liable for the damage he or she causes to the employer intentionally or negligently. This provision also applies to damage caused by defective or missing work performance. The employer is therefore entitled to claim damages from the employee for the non-performance of working duties.
Termination
The employer may terminate the employment relationship without notice at any time for good cause. Termination without notice is also possible if the employee fails to fulfill his or her work obligations, although a persistent refusal to work is required. In the case of merely insufficient work performance, termination without notice is only possible in extreme cases.
Contractual and administrative penalties
If provided for in the employment contract or the company regulations, the employer can demand a contractual penalty from the employee or impose an administrative penalty in the event of non-fulfillment of the work obligation.
Enforcement of performance
Theoretically, the employer can sue for performance if the employee fails to perform and enforce the work obligation by way of compulsory enforcement. However, because there is little point in forcing someone to work, this option is practically meaningless.
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