Performance Review (Mitarbeitergespräch)
A Mitarbeitergespräch is a structured one-on-one conversation between employer and employee about work performance, goals, and development. Most Swiss employers hold these annually, though frequency varies by sector and contract. There is no legal mandate, but documentation protects both parties and supports fair termination decisions.
A Mitarbeitergespräch is a formal performance review—a planned discussion where you discuss an employee's achievements, strengths, areas for improvement, and career direction. Unlike casual feedback, it is documented and forms part of the employment record.
In Switzerland, there is no statutory requirement to conduct Mitarbeitergespräche. However, many cantons and industry-wide collective labour agreements (GAV) recommend or specify frequency. Even without a GAV, documentation of performance conversations protects you during restructuring or termination.
When to hold a Mitarbeitergespräch
Annual reviews are standard in most Swiss sectors, typically in autumn or after contract anniversary. Some roles—especially those with changing Pensum or responsibilities—warrant reviews every six months.
Timing matters for credibility: conduct reviews at predictable intervals, not randomly. If you must address performance issues, a Mitarbeitergespräch signals seriousness and creates a record. Emergency meetings feel punitive; scheduled ones feel developmental.
- Annual cycle: most common, often aligned with budget planning
- Probation end: mandatory touchpoint for new hires (usually 3 months)
- After role change: when Pensum, responsibilities, or location shift
- Prior to salary adjustment: document rationale for merit or cost-of-living changes
- Before termination: strongest protection if dismissal is later contested
- After significant underperformance: create paper trail early
Your obligation as employer
You must conduct the review in good faith—not as a gotcha, but as a genuine assessment. The discussion should cover concrete examples, not vague impressions. You must listen; a Mitarbeitergespräch is two-way, not a monologue.
Document the conversation (date, topics, agreed actions, goals). Swiss labour courts (particularly under the Code of Obligations, OR Article 319) expect employers to have acted fairly and with transparency. Secrecy or surprise criticism weakens your position if the employee later challenges discipline or termination.
- Hold it one-on-one, in private, without interruption
- Base feedback on observable behaviour and measurable outcomes, not personality
- Allow the employee to respond and contribute their perspective
- Set clear, written goals for the next period if applicable
- Keep signed notes (or send written summary) on file
- Avoid ambush: give context before the meeting if raising concerns
The most common mistake
Skipping documentation. SME founders often conduct reviews verbally—or not at all—and assume memory and trust are enough. They are not. If you later terminate someone, absence of documented Mitarbeitergespräche or performance feedback makes termination look arbitrary.
A simple template (date, attendance, strengths, development areas, goals, sign-off) takes 20 minutes and transforms a conversation into legal evidence. Without it, you risk expensive severance claims or cantonal labour office (RAV/ORP/URC) disputes if the employee contests dismissal.
- Not writing anything down—'we discussed it verbally' carries no weight
- Conducting reviews only when problems arise (appears punitive, not developmental)
- Mixing personal opinion with job performance feedback
- Giving only negative feedback without acknowledging contribution
- Announcing surprises (salary freeze, demotion) without prior conversation
- Holding reviews inconsistently—some staff annually, others never
Frequently asked questions
- Is a Mitarbeitergespräch legally required in Switzerland?
- No mandatory federal law exists. However, some cantons and most industry GAVs recommend annual reviews. More importantly, regular documented performance conversations protect you during termination disputes. A lawyer should confirm requirements for your canton and sector.
- What if an employee refuses to attend or sign the notes?
- Document their refusal in writing (date, reason given). The refusal itself becomes part of the record. You cannot force a signature, but you can note that the employee declined to acknowledge the summary. Legal advice is recommended if this pattern continues.
- Can I use a Mitarbeitergespräch to initiate termination?
- A review is not the termination notice itself. However, if performance issues are documented across multiple reviews, termination becomes more defensible. The conversation signals fairness and gives the employee chance to improve. Always consult a lawyer before terminating to ensure notice periods and cause align with your contract and canton law.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.