Been dismissed? Know what you are entitled to.

Is my dismissal valid?

In Switzerland, employers may in principle dismiss without giving reasons. But there are clear limits. If you are dismissed during a protection period, for example while you are ill or pregnant, the dismissal is void (Art. 336c CO). It has no effect and must be given again after the protection period has ended.

The protection period for illness or accident lasts 30 days in the first year of service, 90 days from the second up to and including the fifth year of service, and 180 days from the sixth year of service. If you fall ill only during a notice period that is already running, the notice period is suspended and extended.

Unfair dismissal: do not miss the objection

A dismissal is unfair, for example, if it is given because of a personal characteristic, because of the exercise of a right or in retaliation for claims asserted (Art. 336 CO). The manner of dismissal can also be unfair, for example with long-serving, older employees without a prior hearing.

An unfair dismissal remains valid. However, you are entitled to compensation of up to six months' salary. Prerequisite: you lodge a written objection before the notice period expires and bring legal action within 180 days of the end of the employment relationship (Art. 336b CO). If you miss the objection, you lose the claim.

Summarily dismissed?

A summary dismissal is permissible only for good cause that makes continuing the employment relationship unreasonable (Art. 337 CO). Minor misconduct is usually sufficient only after a warning. If the summary dismissal is unjustified, the employer owes the salary until the ordinary termination date and compensation of up to six months' salary (Art. 337c CO).

Resigning yourself: notice periods and unemployment insurance

If you resign yourself, the contractual notice period applies, otherwise the statutory one: 7 days during the probation period, then 1 month in the first year of service, 2 months in the second to ninth year and 3 months thereafter, in each case to the end of a month (Art. 335c CO). If you resign without a new job, unemployment insurance (RAV/ALV) may impose suspension days. A termination agreement is often the better solution.