Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Switzerland - 2019
+ show references
- Code of Obligations [CO], adopted on 30 March 1911, consolidated version dated 1st April 2017
In particular, see Part. II, Title X, Chap. I.
(Titre dixième: Du contrat de travail (Art. 319 et seq. available in French, German, Italian and English)
Date: 01 Apr 2017; view website » (view in NATLEX »)
- Loi fédérale sur le travail dans l'industrie, l'artisanat et le commerce
Date: 01 Jan 2016; view website » (view in NATLEX »)
- Loi fédérale sur l'égalité entre femmes et hommes
Date: 01 Jan 2017; view website » (view in NATLEX »)
- Code civil suisse (in particular Article 2(2) that can be applied by labour courts in the case of fraudulent succession of fixed-term contracts)
Date: 01 Jan 2019; view website » (view in NATLEX »)
Compensation for unfair dismissal - free determination by court: No
Compensation for unfair dismissal - Are there legal limits?:
- 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):
- 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
- Art. 34 du Code de procédure civile (2008)
Existing arbitration: Yes