Art. 87 State Personnel Act (SPA)

1 After the end of the probationary period, the employing authority may terminate the employee's contract for justified reasons by adhering to the notice periods stipulated in Article 79.

2 This condition is met in particular in the following cases

a) violation of significant legal or contractual obligations;

b) deficiencies in performance or behavior;

c) insufficient skills or abilities to perform the work agreed upon in the contract or required by the position, or the employee's unwillingness to accomplish this work;

d) failure to satisfy one of the employment conditions set forth in the law or in the employee's employment contract. Article 78a concerning automatic termination is reserved.

3 Termination may be pronounced by the employing authority if the employee has been formally informed of the alleged actions or shortcomings and there is no sufficient improvement after a reasonable period. For employees whose skills are in question, the possibility of transfer is reserved.

4 The employing authority notifies the termination with an indication of the reasons and legal remedies, after allowing the employee to exercise their right to be heard.

5 When a termination is declared without justified reasons by the appeal authority, the employee is generally maintained in their position. However, if the employment relationship has effectively ended and reintegration of the employee would present significant difficulties, the employee may claim compensation of six to twelve months' salary instead of reintegration. Additionally, under the same conditions, the employing authority may officially declare non-reintegration and grant compensation of six to twelve months' salary.

6 Rights concerning insurance and pension institutions are reserved.

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