Dismissal Protection in Switzerland
Swiss law provides targeted dismissal protection rather than broad job security. Dismissal during certain periods (illness, pregnancy, military service) is void. Dismissal for improper reasons entitles the employee to compensation, but the employment contract still ends. Understanding these protections is critical to asserting your rights.
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Absolute Protection Periods
During the following periods, dismissal is legally void (Art. 336c CO): illness or accident — 30 days in year 1, 90 days in years 2–5, 180 days from year 6; pregnancy and 16 weeks after birth; mandatory military, civil defence or civil service. If notice is given before a protection period begins, it is valid (the notice period is suspended during the protection period). Notice given during a protection period is void and must be repeated after.
Wrongful Dismissal
Even outside protection periods, dismissal for the following reasons is wrongful (Art. 336 CO): personal characteristics (gender, race, religion, nationality); trade union membership or lawful exercise of rights; retaliation for making a good-faith complaint; exercising a legal right (e.g. jury duty, jury service). Wrongful dismissal is still legally effective (the contract ends), but entitles the employee to compensation up to 6 months' salary. Procedure: written objection before end of notice, claim within 180 days of employment ending.
Special Protections
Additional specific protections: works council / employee representatives cannot be dismissed for their mandate; trade union delegates cannot be dismissed during mandated activities; whistleblowers who follow the proper reporting sequence (internal → regulatory → public) have protection against retaliatory dismissal; reduced-hours workers (Kurzarbeit) have no enhanced protection but certain cantonal laws may add restrictions. In all cases of disputed dismissal, the conciliation tribunal (Schlichtungsbehörde) provides a free first step.
Frequently Asked Questions
What happens if my employer dismisses me while I am sick?
If the dismissal arrives during the protection period (30–180 days depending on years of service), it is void. You should inform the employer of your illness immediately and provide a medical certificate. If you were already on notice before falling sick, the notice period is extended by the sick days.
How do I challenge wrongful dismissal in Switzerland?
Step 1: object in writing to the employer before the end of the notice period. Step 2: within 180 days of employment ending, file a claim with the conciliation tribunal (Schlichtungsbehörde). The process is free and fast. If no settlement, the case goes to the labour court.
Is reinstatement possible after wrongful dismissal in Switzerland?
No. Unlike some other jurisdictions, Swiss law does not provide for reinstatement. The remedy for wrongful dismissal is financial compensation only (up to 6 months' salary). The contract ends as dismissed.