Unfairly dismissed? Up to 6 months' salary in compensation.

When is a dismissal unfair?

Art. 336 CO lists typical cases: a dismissal because of a personal characteristic such as age or health, because of the exercise of a right, in retaliation for claims asserted in good faith, or because of military service or trade union membership. The Federal Supreme Court has recognised further cases, such as dismissal due to conflict where the employer did nothing to defuse the conflict.

The manner of dismissal can also be unfair. For long-serving, older employees, the Federal Supreme Court requires, depending on the situation, a prior hearing and a search for alternatives.

Do not miss the objection

An unfair dismissal remains valid. However, you are entitled to compensation of up to six months' salary (Art. 336a CO). To claim it, you must 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, even if the dismissal was clearly unfair.

• Request the reasons for the dismissal in writing (Art. 335 para. 2 CO)
• Deliver the objection in writing and with proof of delivery
• Secure evidence: emails, appraisals, medical certificates