{"id":5400,"date":"2021-11-15T10:00:09","date_gmt":"2021-11-15T09:00:09","guid":{"rendered":"https:\/\/blog.startups.ch\/en\/?p=5400"},"modified":"2021-08-12T23:07:18","modified_gmt":"2021-08-12T21:07:18","slug":"what-to-do-when-employees-do-not-fulfill-their-work-obligations","status":"publish","type":"post","link":"https:\/\/blog.startups.ch\/en\/what-to-do-when-employees-do-not-fulfill-their-work-obligations\/","title":{"rendered":"What to do when employees do not fulfill their work obligations"},"content":{"rendered":"\n

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.<\/h2>\n\n\n\n
\"\"\/<\/figure>\n\n\n\n

Every employee has a personal duty to work, according to which he or she\nmust perform the work contractually agreed upon. But what can employers do if\nemployees do not fulfill their working duties? If an employee does not fulfill\nhis or her work obligation properly or at all, the following sanctions may be\nconsidered: <\/p>\n\n\n\n

Refusal to pay salary<\/strong><\/h3>\n\n\n\n

Like most contracts, the employment contract is characterized by the\nexchange of performance and consideration. The performance of work is compensated\nby wages. Therefore, if the employee does not fulfill his working duties, the\nemployer can refuse to pay the salary. However, this only applies if the\nemployee does not perform at all. If the work is merely deficient, the wages\nmust still be paid. <\/p>\n\n\n\n

Liability for damages<\/strong><\/h3>\n\n\n\n

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.<\/p>\n\n\n\n

Termination <\/strong><\/h3>\n\n\n\n

The employer may terminate the employment relationship without notice at\nany time for good cause. Termination without notice is also possible if the\nemployee fails to fulfill his or her work obligations, although a persistent\nrefusal to work is required. In the case of merely insufficient work\nperformance, termination without notice is only possible in extreme cases. <\/p>\n\n\n\n

Contractual and administrative penalties<\/strong><\/h3>\n\n\n\n

If provided for in the employment contract or the company regulations,\nthe employer can demand a contractual penalty from the employee or impose an\nadministrative penalty in the event of non-fulfillment of the work obligation. <\/p>\n\n\n\n

Enforcement of performance<\/strong><\/h3>\n\n\n\n

Theoretically, the employer can sue for performance if the employee\nfails to perform and enforce the work obligation by way of compulsory\nenforcement. However, because there is little point in forcing someone to work,\nthis option is practically meaningless. <\/p>\n\n\n\n

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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 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false}}},"categories":[10],"tags":[],"jetpack_publicize_connections":[],"aioseo_notices":[],"views":2520,"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p54Pb1-1p6","jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/posts\/5400"}],"collection":[{"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/comments?post=5400"}],"version-history":[{"count":2,"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/posts\/5400\/revisions"}],"predecessor-version":[{"id":5402,"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/posts\/5400\/revisions\/5402"}],"wp:attachment":[{"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/media?parent=5400"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/categories?post=5400"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/tags?post=5400"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}