Abusive dismissal

Swiss labour law is dominated by the principle of freedom of dismissal, which means that no special reasons for dismissal are required for a dismissal to be lawful. However, a dismissal may not be made for an abusive reason. For example, a dismissal is abusive because an employee asserts claims arising from the employment relationship, or if a dismissal is given because of a conflict situation at the workplace without having first taken reasonable measures to resolve the conflict. However, the manner in which a dismissal is given can also be abusive, e.g. by unnecessarily exposing the employee to his colleagues.

However, the abusive nature of the notice of termination does not mean that the notice of termination is invalid, but that the notice of termination remains valid and thus terminates the employment relationship. However, the employer must pay the employee a compensation of up to 6 months' wages.

In order to be able to assert that a dismissal is abusive, an objection to it must be made in writing until the last day of the employment relationship at the latest. In addition, an action must be brought within 180 days of the termination of the employment relationship, otherwise the right to compensation is forfeited.