Dismissal with Altered Terms (Änderungskündigung)
An Änderungskündigung is a termination notice paired with a simultaneous offer of new contract terms—typically lower salary, reduced Pensum, or different role. Swiss law recognizes this as a single act: you may not simply impose new terms. The employee may reject the new offer and claim wrongful dismissal. This approach is rare and legally risky; most employers use standard termination instead.
An Änderungskündigung is a dismissal coupled with an immediate offer of modified employment terms. Unlike ordinary termination (Kündigung), you are not ending the relationship—you are ending the current contract and proposing a replacement one in the same breath.
This mechanism exists under Swiss law (Code of Obligations, Article 337 et seq.) to allow restructuring without a break in employment. However, it is a single legal act, not two separate acts. The employee's silence or inaction does not bind them to the new offer.
When Änderungskündigung Arises
You encounter this when reorganizing: cutting Pensum from 100% to 60%, moving an employee from Zurich to Basel, downgrading a role, or reducing salary. Some employers use it to avoid redundancy payments or to test whether an employee will accept downgrade rather than leave.
It most commonly arises in restructuring, role elimination with alternative placement, or cost-cutting. Some cantons and industry GAVs (collective labor agreements) treat it more strictly than federal law; verify local rules before proceeding.
- Offered when you want to keep the employee but under different terms
- Used in restructuring, Pensum reduction, or role change scenarios
- Subject to canton-specific labor law; some regions impose stricter notice periods
- Must comply with notice periods under ArG (Employment Law) and employment contract
- Often triggers legal disputes because employees reject the offer and claim wrongful dismissal
- Not a substitute for proper redundancy or severance procedures
Your Legal Obligations
You must serve notice in writing. The notice period follows your contract and canton law—typically 1 month, sometimes 2 weeks at the end of a calendar month. The new offer must be clear, specific, and served simultaneously with termination notice. You cannot serve one then the other.
The offer is not binding on the employee. If they reject it—or say nothing—the old contract ends at the notice date. The employee then has no claim to continued employment unless they prove the dismissal itself was unlawful (e.g., on prohibited grounds under ArG Article 336: union activity, military service, jury duty).
- Serve written notice + new offer at the same time; both must follow proper notice periods
- New terms must be clearly stated (salary in CHF, Pensum %, role title, start date of change)
- Employee may reject, accept, or ignore the offer; silence ≠ acceptance
- Wrongful dismissal claims succeed if the termination itself (not the offer) is unlawful
- Canton labor inspectorates may scrutinize the proportionality of the new terms
- Some cantons require approval or notification to regional employment authorities (RAV/ORP/URC)
Most Common Mistake
Employers assume silence or delayed response means acceptance. It does not. The employee can accept the new terms, reject them and fight dismissal, or let the contract end and then claim unfair termination. Courts have consistently ruled that Änderungskündigung is a take-it-or-leave-it offer, not a unilateral contract change.
A second frequent error: serving termination and new offer at different times, or verbally offering new terms after written dismissal. This splits the act, giving the employee grounds to argue the dismissal is separate and therefore wrongful. Always serve both in one written act.
- Assuming the employee accepts because they do not immediately object
- Serving termination and offer separately or at different dates
- Proposing terms that are manifestly worse without clear business justification
- Failing to consult canton-specific rules; some regions limit use for cost-cutting alone
- Not documenting the employee's response or acceptance in writing
- Offering terms that breach a collective labor agreement (GAV) or employment contract clause
Frequently asked questions
- Can I reduce an employee's salary by 20% and keep them on with an Änderungskündigung?
- Legally, yes—you can propose it. But the employee can refuse and claim wrongful dismissal if they argue the cut is arbitrary. Courts may find the termination unjustified if the salary cut has no business rationale (e.g., restructuring, role downgrade). Have clear, documented grounds. Consult a lawyer before proceeding.
- What if the employee says nothing after I send the Änderungskündigung?
- Silence is not acceptance. The old contract ends on the notice date. The employee then has no job unless they explicitly accept the new offer in writing. If they claim they relied on the old terms or demand back pay, you may face a dispute. Require written confirmation of acceptance.
- Is Änderungskündigung better than straight termination and new hire?
- No. It is riskier. With straight termination, you follow clear notice rules and avoid disputes over whether new terms bind the employee. Änderungskündigung creates ambiguity and litigation risk. Use it only if you have strong reason to keep the employee with new terms; otherwise, use ordinary termination.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.