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.
- Protection periods: illness 30–180 days, pregnancy + 16 weeks post-birth (Art. 336c CO)
- Dismissal during protected period: void and null, employee can reject it
- Wrongful dismissal: up to 6 months compensation if discriminatory or retaliatory
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.
Context on the Swiss job market helps frame any career decision in Switzerland. Our gross-to-net salary guide shows what Swiss gross salaries look like after AVS, LPP and tax deductions. The salary negotiation guide covers how to use market data in offer discussions and which arguments work with Swiss recruiters. Our guide to working in Switzerland as a foreigner covers entry conditions, permit categories and practical relocation steps. The work permit guide explains B, C, G and L permit categories and processing timelines. For cross-sector salary benchmarks, the Switzerland salary guide covers all major roles and cities.
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.
What is the 13th month salary in Switzerland?
The 13th month salary in Switzerland refers to an additional monthly salary paid once a year, typically in December. It is included in annual salary benchmarks as standard: when a Swiss employer quotes CHF 120,000 per year, this normally means 13 monthly payments of approximately CHF 9,231 each, not 12 payments of CHF 10,000. The 13th month is governed by the employment contract or collective agreement (GAV), not by statute. It is subject to social contributions (AHV/ALV) and income tax. Always clarify with a prospective employer whether a quoted annual figure includes or excludes the 13th month.
How do Swiss notice periods work for employment contracts?
Under Swiss law (Code of Obligations, Art. 335c), notice periods during probation (default 1 month, up to 3 months by agreement) are 7 days. After probation, statutory notice periods are: 1 month during the first year, 2 months in years 2 to 9, and 3 months from year 10 onwards. Notice must be given in writing by end of calendar month (or end of the agreed notice period month). Contractual or GAV notice periods can be longer but cannot be shorter than statutory minimums. Protected periods exist (illness, accident, pregnancy) during which termination is suspended or prohibited.
Code of Obligations (OR Art. 336-336c) · SECO · admin.ch