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> GOVERNANCE - home > Employment protection legislation database - EPLex > Switzerland

Switzerland - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


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Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Are there legal limits?:

Remarks:
  • Art. 336a CO provides that
    1. A party who terminates the employment relationship unlawfully shall pay a compensation to the other party.
    2. The court shall determine the compensation taking due account of all the circumstances, though the compensation shall not exceed an amount equivalent to six months' salary for the employee. (...)
    3. Where termination is unlawful pursuant to Article 336 paragraph 2 letter c (i.e. in the context of collective dismissals where the prior consultation procedure has not been respected), compensation may not exceed two months' salary for the employee.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Remarks:
  • 1) Unfair dismissals (for ordinary dismissals):
    Art. 336a CO (see above).

    2) For dismissals with immediate effect in the absence of fair reason:
    Art. 337c CO provides that where the employer dismisses the employee with immediate effect without good cause, the employee is entitled to damages in the amount he would have earned had the employment relationship ended after the required notice period or on expiry of its agreed duration. The court may order the employer to pay the employee an amount of compensation determined at the court's discretion taking due account of all circumstances; however, compensation may not exceed the equivalent of six months' salary for the employee.

Reinstatement available: No

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts; labour court

Remarks:
  • Art. 34 du Code de procédure civile (2008)

Existing arbitration: Yes

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Are there legal limits?:

Remarks:
  • Art. 336a CO provides that
    1. A party who terminates the employment relationship unlawfully shall pay a compensation to the other party.
    2. The court shall determine the compensation taking due account of all the circumstances, though the compensation shall not exceed an amount equivalent to six months' salary for the employee. (...)
    3. Where termination is unlawful pursuant to Article 336 paragraph 2 letter c (i.e. in the context of collective dismissals where the prior consultation procedure has not been respected), compensation may not exceed two months' salary for the employee.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Remarks:
  • 1) Unfair dismissals (for ordinary dismissals):
    Art. 336a CO (see above).

    2) For dismissals with immediate effect in the absence of fair reason:
    Art. 337c CO provides that where the employer dismisses the employee with immediate effect without good cause, the employee is entitled to damages in the amount he would have earned had the employment relationship ended after the required notice period or on expiry of its agreed duration. The court may order the employer to pay the employee an amount of compensation determined at the court's discretion taking due account of all circumstances; however, compensation may not exceed the equivalent of six months' salary for the employee.

Reinstatement available: No

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts; labour court

Remarks:
  • Art. 34 du Code de procédure civile (2008)

Existing arbitration: Yes

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Are there legal limits?:

Remarks:
  • Art. 336a CO provides that
    1. A party who terminates the employment relationship unlawfully shall pay a compensation to the other party.
    2. The court shall determine the compensation taking due account of all the circumstances, though the compensation shall not exceed an amount equivalent to six months' salary for the employee. (...)
    3. Where termination is unlawful pursuant to Article 336 paragraph 2 letter c (i.e. in the context of collective dismissals where the prior consultation procedure has not been respected), compensation may not exceed two months' salary for the employee.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Remarks:
  • 1) Unfair dismissals (for ordinary dismissals):
    Art. 336a CO (see above).

    2) For dismissals with immediate effect in the absence of fair reason:
    Art. 337c CO provides that where the employer dismisses the employee with immediate effect without good cause, the employee is entitled to damages in the amount he would have earned had the employment relationship ended after the required notice period or on expiry of its agreed duration. The court may order the employer to pay the employee an amount of compensation determined at the court's discretion taking due account of all circumstances; however, compensation may not exceed the equivalent of six months' salary for the employee.

Reinstatement available: No

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts; labour court

Remarks:
  • Art. 34 du Code de procédure civile (2008)

Existing arbitration: Yes

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Are there legal limits?:

Remarks:
  • Art. 336a CO provides that
    1. A party who terminates the employment relationship unlawfully shall pay a compensation to the other party.
    2. The court shall determine the compensation taking due account of all the circumstances, though the compensation shall not exceed an amount equivalent to six months' salary for the employee. (...)
    3. Where termination is unlawful pursuant to Article 336 paragraph 2 letter c (i.e. in the context of collective dismissals where the prior consultation procedure has not been respected), compensation may not exceed two months' salary for the employee.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Remarks:
  • 1) Unfair dismissals (for ordinary dismissals):
    Art. 336a CO (see above).

    2) For dismissals with immediate effect in the absence of fair reason:
    Art. 337c CO provides that where the employer dismisses the employee with immediate effect without good cause, the employee is entitled to damages in the amount he would have earned had the employment relationship ended after the required notice period or on expiry of its agreed duration. The court may order the employer to pay the employee an amount of compensation determined at the court's discretion taking due account of all circumstances; however, compensation may not exceed the equivalent of six months' salary for the employee.

Reinstatement available: No

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts; labour court

Remarks:
  • Art. 34 du Code de procédure civile (2008)

Existing arbitration: Yes

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Are there legal limits?:

Remarks:
  • Art. 336a CO provides that
    1. A party who terminates the employment relationship unlawfully shall pay a compensation to the other party.
    2. The court shall determine the compensation taking due account of all the circumstances, though the compensation shall not exceed an amount equivalent to six months' salary for the employee. (...)
    3. Where termination is unlawful pursuant to Article 336 paragraph 2 letter c (i.e. in the context of collective dismissals where the prior consultation procedure has not been respected), compensation may not exceed two months' salary for the employee.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Remarks:
  • 1) Unfair dismissals (for ordinary dismissals):
    Art. 336a CO (see above).

    2) For dismissals with immediate effect in the absence of fair reason:
    Art. 337c CO provides that where the employer dismisses the employee with immediate effect without good cause, the employee is entitled to damages in the amount he would have earned had the employment relationship ended after the required notice period or on expiry of its agreed duration. The court may order the employer to pay the employee an amount of compensation determined at the court's discretion taking due account of all circumstances; however, compensation may not exceed the equivalent of six months' salary for the employee.

Reinstatement available: No

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts; labour court

Remarks:
  • Art. 34 du Code de procédure civile (2008)

Existing arbitration: Yes

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Are there legal limits?:

Remarks:
  • Art. 336a CO provides that
    1. A party who terminates the employment relationship unlawfully shall pay a compensation to the other party.
    2. The court shall determine the compensation taking due account of all the circumstances, though the compensation shall not exceed an amount equivalent to six months' salary for the employee. (...)
    3. Where termination is unlawful pursuant to Article 336 paragraph 2 letter c (i.e. in the context of collective dismissals where the prior consultation procedure has not been respected), compensation may not exceed two months' salary for the employee.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Remarks:
  • 1) Unfair dismissals (for ordinary dismissals):
    Art. 336a CO (see above).

    2) For dismissals with immediate effect in the absence of fair reason:
    Art. 337c CO provides that where the employer dismisses the employee with immediate effect without good cause, the employee is entitled to damages in the amount he would have earned had the employment relationship ended after the required notice period or on expiry of its agreed duration. The court may order the employer to pay the employee an amount of compensation determined at the court's discretion taking due account of all circumstances; however, compensation may not exceed the equivalent of six months' salary for the employee.

Reinstatement available: No

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts; labour court

Remarks:
  • Art. 34 du Code de procédure civile (2008)

Existing arbitration: Yes

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Are there legal limits?:

Remarks:
  • Art. 336a CO provides that
    1. A party who terminates the employment relationship unlawfully shall pay a compensation to the other party.
    2. The court shall determine the compensation taking due account of all the circumstances, though the compensation shall not exceed an amount equivalent to six months' salary for the employee. (...)
    3. Where termination is unlawful pursuant to Article 336 paragraph 2 letter c (i.e. in the context of collective dismissals where the prior consultation procedure has not been respected), compensation may not exceed two months' salary for the employee.

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):

Remarks:
  • 1) Unfair dismissals (for ordinary dismissals):
    Art. 336a CO (see above).

    2) For dismissals with immediate effect in the absence of fair reason:
    Art. 337c CO provides that where the employer dismisses the employee with immediate effect without good cause, the employee is entitled to damages in the amount he would have earned had the employment relationship ended after the required notice period or on expiry of its agreed duration. The court may order the employer to pay the employee an amount of compensation determined at the court's discretion taking due account of all circumstances; however, compensation may not exceed the equivalent of six months' salary for the employee.

Reinstatement available: No

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts; labour court

Remarks:
  • Art. 34 du Code de procédure civile (2008)

Existing arbitration: Yes

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) Ordinary dismissal constituting an abuse of rights:
- Compensation awarded by the judge cannot exceed 6 months' wages.
2) Dismissal with immediate effect, when there is no fair reason:
- In addition to the amount the worker would have earned if the notice period had been observed, the judge may award compensation which cannot exceed 6 months' wages.

Remarks:
  • 1) Ordinary dismissals constituting an abuse of rights:
    art. 336a 2 CO.
    2) Dismissals with immediate effect in the absence of fair reason: art. 337c CO.

Reinstatement available: No

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts; labour court

Remarks:
  • According to Art. 343 CO, the procedure is to be conducted at a cantonal level. Depending on the canton, cases are either heard by a civil court or by a labour court.

Existing arbitration: Yes

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) Ordinary dismissal constituting an abuse of rights:
- Compensation awarded by the judge cannot exceed 6 months' wages.
2) Dismissal with immediate effect, when there is no fair reason:
- In addition to the amount the worker would have earned if the notice period had been observed, the judge may award compensation which cannot exceed 6 months' wages.

Remarks:
  • 1) Ordinary dismissals constituting an abuse of rights:
    art. 336a 2 CO.
    2) Dismissals with immediate effect in the absence of fair reason: art. 337c CO.

Reinstatement available: No

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts; labour court

Remarks:
  • According to Art. 343 CO, the procedure is to be conducted at a cantonal level. Depending on the canton, cases are either heard by a civil court or by a labour court.

Existing arbitration: Yes

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) Ordinary dismissal constituting an abuse of rights:
- Compensation awarded by the judge cannot exceed 6 months' wages.
2) Dismissal with immediate effect, when there is no fair reason:
- In addition to the amount the worker would have earned if the notice period had been observed, the judge may award compensation which cannot exceed 6 months' wages.

Remarks:
  • 1) Ordinary dismissals constituting an abuse of rights:
    art. 336a 2 CO.
    2) Dismissals with immediate effect in the absence of fair reason: art. 337c CO.

Reinstatement available: No

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts; labour court

Remarks:
  • According to Art. 343 CO, the procedure is to be conducted at a cantonal level. Depending on the canton, cases are either heard by a civil court or by a labour court.

Existing arbitration: Yes

+ show references

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1) Ordinary dismissal constituting an abuse of rights:
- Compensation awarded by the judge cannot exceed 6 months' wages.
2) Dismissal with immediate effect, when there is no fair reason:
- In addition to the amount the worker would have earned if the notice period had been observed, the judge may award compensation which cannot exceed 6 months' wages.

Remarks:
  • 1) Ordinary dismissals constituting an abuse of rights:
    art. 336a 2 CO.
    2) Dismissals with immediate effect in the absence of fair reason: art. 337c CO.

Reinstatement available: No

Preliminary mandatory conciliation: No

Competent court(s) / tribunal(s): ordinary courts; labour court

Remarks:
  • According to Art. 343 CO, the procedure is to be conducted at a cantonal level. Depending on the canton, cases are either heard by a civil court or by a labour court.

Existing arbitration: Yes