Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Switzerland - 2013
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- Code of Obligations [CO], adopted on 30 March 1911, consolidated version dated 28 May 2013, including amendments up to Federal Law of 16 March 2012. In particular, see Part. II, Title X, Chap. I.
(Loi fédérale complétant le code civil suisse - Livre cinquième: Droit des obligations - available in French, German and Italian)
Date: 16 Mar 2012; view website » (view in NATLEX »)
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.
- 1) Ordinary dismissals constituting an abuse of rights:
Art. 336a (1) and (2) CO. The amount of compensation must be assessed according to the rules of law and equity, in accordance with Art. 4 of the Civil Code (CC).
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
- 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