M^e Jean-Philippe Anthonioz

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In Switzerland, the employment contract is governed by art. 319 et seq. of the Swiss Code of Obligations (CO). It may be concluded for an indefinite or a fixed term. Where it is of indefinite duration, it generally ends following termination by one of the parties, subject to compliance with a notice period.

Dismissal is often a difficult moment for the employee. It is important to quickly determine whether it is valid or whether there are grounds to contest it, and above all to observe the statutory time limits, failing which the rights may be definitively lost.

The main forms of termination:

• Ordinary dismissal : termination of the contract subject to a notice period (art. 335 et seq. CO).
• Wrongful dismissal : dismissal served on a ground prohibited by law, giving rise to compensation of up to six months' salary (art. 336 et seq. CO).
• Termination at an inopportune time : termination served during a protected period (illness, pregnancy, military service, etc.), which is null and void (art. 336c CO).
• Immediate dismissal : termination without notice for just cause (art. 337 CO) ; in the absence of just cause, it gives rise to salary entitlement until the ordinary end of the contract and to compensation (art. 337c CO).
• Termination by mutual agreement : the parties agree to end the contract on terms settled between them.

Contesting a dismissal often involves several cascading steps : formal written objection, attempt at conciliation and, where appropriate, court action before the Labour Court. It is advisable to consult a lawyer quickly, in order to examine the validity of the termination, gather evidence and avoid letting the time limits expire, in particular the 180 days time limit to bring court action in case of wrongful dismissal.

Table of contents

Last updated : 19.04.2026

Unless otherwise agreed, an employment contract of indefinite duration does not end immediately : it must be terminated subject to a notice period, the length of which depends essentially on the employee's seniority. Failing this, the termination is not null, but its effects are postponed to the next useful expiry date.

Under art. 335c CO, the notice period applicable to a contract of indefinite duration is as follows :

• During the probationary period (which may not exceed three months) : 7 days (art. 335b CO) ;
• During the first year of service : 1 month, effective at the end of a calendar month ;
• From the second to the ninth year of service : 2 months, effective at the end of a calendar month ;
• From the tenth year of service onwards : 3 months, effective at the end of a calendar month.

These time limits may be modified in writing, by individual contract, standard employment contract or collective bargaining agreement (CBA). However, the time limits may not be less than one month during the first year of service (subject to the probationary period), nor differ between the employer and the employee.

It is the date of receipt of the termination letter by the recipient that triggers the running of the time limit, and not the date of dispatch. In the case of an unclaimed registered letter, it is in principle the last day of the 7-day collection period that counts.

Termination at an inopportune time (art. 336c CO)

The law grants the employee specific protection against termination served by the employer during certain so-called "protected periods", in particular :

• while the employee is performing military service, civilian service or civil protection service, as well as during the 4 weeks preceding and following such service (under certain conditions) ;
• during a total or partial incapacity for work resulting from an illness or accident not attributable to the employee's fault (30 days during the first year of service, 90 days from the 2^nd to the 5^th year, 180 days from the 6^th year) ;
• during pregnancy and for the 16 weeks following childbirth ;
• during participation in an overseas aid service ordered by the federal authority, under certain conditions.

Termination served by the employer during these periods is null and void. If it was served before a protected period and the notice period is running, it is suspended and resumes at the end of the protected period.

Please note : these rules do not protect the employee against his or her own resignation, nor against an immediate termination by the employer for just cause (art. 337 CO).

For any labour-law question, as an employee or as an employer, you can book an appointment by telephone or schedule an   online appointment .

Under Swiss law, the employer is in principle not required to state reasons for a dismissal. However, the termination must not be served on a ground prohibited by law : if it is, the dismissal remains valid, but it is wrongful and gives rise to compensation of up to six months' salary.

Which grounds make a dismissal wrongful ?

Art. 336 CO contains a (non-exhaustive) list of grounds that make a termination wrongful, in particular when it is served :

• on account of a quality inherent in the person (age, sex, sexual orientation, origin, race, religion, family situation, state of health...), unless such quality is connected with the employment relationship ;
• because the employee has exercised a constitutional right (e.g. freedom of expression, freedom of association) ;
• in order to prevent the arising of legal claims of the employee under the contract ;
• because the employee asserts in good faith claims arising from the contract (e.g. claiming unpaid salary or overtime) ;
• on account of the performance of military, civilian or civil protection service ;
• on account of membership or non-membership of a trade union, or the lawful exercise of trade union activity ;
• against an elected employee representative, without justified cause ;
• in breach of the duty to consult in the event of collective redundancy (art. 335f CO).

Furthermore, the case law recognises that a termination may be wrongful outside these expressly listed cases, in particular where it is served in a manner contrary to the rules of good faith (e.g. following harassment tolerated by the employer, or in a particularly hurtful manner).

Consequence : compensation (art. 336a CO)

A wrongful dismissal remains valid : the contract does end at the expiry of the notice period. However, the party who has suffered the dismissal may obtain compensation fixed by the judge, taking into account all the circumstances (seriousness of the employer's fault, duration of the relationship, financial and personal consequences for the employee, etc.). This compensation may not, however, exceed six months' salary.

It has both a reparatory purpose (for moral damage) and a punitive purpose (sanction of the employer's conduct). In practice, the compensation often ranges between 1 and 4 months' salary, depending on the circumstances.

Procedure : two time limits that must absolutely be observed (art. 336b CO)

In order to claim compensation for wrongful dismissal, the employee must follow two steps :

1. File a written formal objection to the termination with the employer, before the end of the notice period (i.e. before the end of the contract). The objection must clearly express the intention to contest the wrongful character of the dismissal. A simple registered letter is sufficient, but its content must be sufficiently explicit. It is advisable to draft it carefully and to keep proof of dispatch.
2. Bring court action (or file a request for conciliation) within 180 days of the end of the contract. This is a forfeiture time limit : upon its expiry, the right to compensation is definitively lost.

In practice, it is often the first of these two time limits that is missed : through lack of knowledge, the employee waits until the end of the contract before consulting, which causes the loss of the right. This is why it is important to consult a lawyer quickly, as soon as a potentially wrongful termination is received.

For any labour-law question, as an employee or as an employer, you can book an appointment by telephone or schedule an   online appointment .

Immediate dismissal is the most serious form of termination in employment law : it ends the contract without notice and with immediate effect. To be valid, it requires the existence of just cause. Failing this, the employee is entitled to the full salary he or she would have received until the ordinary end of the contract and, in principle, to additional compensation.

What is just cause ?

Art. 337 CO defines just cause as any circumstance that no longer allows, in good faith, the party serving the termination to be required to continue the employment relationship. The concept is therefore deliberately restrictive : only facts of a certain gravity can justify such a radical termination of the contract.

Examples of what may constitute just cause include : a theft committed to the detriment of the employer, serious physical or verbal violence, abandonment of the position, the disclosure of trade secrets, serious and repeated breaches of the duty of loyalty, unfair competition, or, in certain circumstances, a characterised and repeated refusal to carry out a lawful instruction after warning.

On the other hand, the following generally do not constitute just cause when considered in isolation : occasional lateness, mere differences of opinion, performance judged to be unsatisfactory, or conduct for which no prior warning has been given.

Immediate dismissal must be served without delay

The party intending to serve an immediate dismissal must do so as soon as he or she becomes aware of the facts that motivate it. The case law is strict : a reflection time of only a few business days is in principle admitted. Beyond that, the party is deemed to have waived reliance on the gravity of the ground, which renders the immediate dismissal unjustified.

Consequences of an unjustified immediate dismissal (art. 337c CO)

If the immediate dismissal is unjustified (just cause not satisfied or notified too late), the employee is entitled to :

• The full salary he or she would have received if the employment relationship had ended upon expiry of the ordinary notice period (art. 337c para. 1 CO), less what the employee has saved as a result of the cessation of work, what he or she has earned by performing other work, or what he or she has intentionally refrained from earning ;
• Additional compensation freely fixed by the judge, amounting to a maximum of six months' salary (art. 337c para. 3 CO), taking into account all the circumstances.

The compensation under art. 337c para. 3 CO is cumulative with the salaries owed until the ordinary end of the contract. Its amount depends essentially on the seriousness of the employer's fault, the duration of the employment relationship and the consequences for the employee.

What to do in case of immediate dismissal ?

1. Contest the validity of the immediate dismissal in writing promptly, requesting notification of the reasons (art. 337 para. 1 in fine CO) and making oneself available to resume work if the situation so warrants ;
2. Gather evidence of the situation (emails, witness statements, certificates, etc.) and obtain a detailed final statement ;
3. Register with unemployment insurance quickly in order to preserve entitlements, while informing the fund that the validity of the termination is contested ;
4. Consult a lawyer to assess the prospects of success and, where appropriate, bring an action for payment of salary and compensation before the Labour Court.

For any labour-law question, as an employee or as an employer, you can book an appointment by telephone or schedule an   online appointment .

Workplace harassment (mobbing, sexual harassment, etc.) constitutes an infringement of the employee's personality. The employer has a duty to protect the health and personality of its employees (art. 328 CO). A breach of this duty may justify several types of action : a request to cease the harassment, compensation for moral damage, or even immediate termination of the contract by the employee for just cause.

What is psychological harassment (mobbing) ?

Mobbing is characterised by a sequence of hostile remarks and/or conduct, repeated frequently and over a certain period, through which one or more persons seek to isolate, marginalise or eliminate a specific person at his or her workplace. It should not be confused with :

• an occasional interpersonal conflict, even an intense one ;
• unfavourable criticism or appraisals expressed in a normal professional framework ;
• work-organisation measures, even unpleasant, so long as they remain objective and proportionate.

The legal qualification of mobbing in principle requires the combination of several elements : systematic character of the hostile conduct, sufficient duration and concrete impairment of the health, dignity or personality of the employee.

Sexual harassment (art. 4 GEA)

The Federal Gender Equality Act (GEA) defines sexual harassment as any unwanted behaviour of a sexual nature or any other behaviour based on sex that infringes the dignity of the person at his or her workplace (inappropriate remarks, unwanted physical contact, display of pornographic material, sexual blackmail, etc.).

Where sexual harassment is established, the court may in particular order the employer who cannot prove that it took the measures that experience commands to prevent harassment, to pay compensation of up to six months of the average Swiss salary (art. 5 para. 3 GEA).

Employer's obligations

Art. 328 CO requires the employer to protect the personality of the employee, in particular his or her physical and mental health. The employer must therefore take the necessary measures to prevent harassment (information, internal rules, training of managers, trusted person, etc.), to intervene promptly when it becomes aware of it, and to sanction the perpetrators.

What steps to take in case of harassment ?

1. Document the facts precisely and chronologically : dates, places, words spoken, witnesses, emails, messages, medical certificates attesting to an impairment of health.
2. Report the situation internally (line manager, HR, trusted person, staff representative), in writing if possible, and request concrete measures.
3. If the employer does not react, consider a written formal notice, and then, depending on the case, court action (compensation for moral damage under art. 49 CO, action based on the GEA, action for wrongful dismissal, etc.).
4. In the most serious situations, the employee may, after formal notice has remained without effect, terminate the contract with immediate effect for just cause (art. 337 CO) and claim damages (art. 337b CO). This course is nevertheless risky and must be preceded by legal advice.

For any labour-law question, as an employee or as an employer, you can book an appointment by telephone or schedule an   online appointment .

In Geneva, employment-law disputes are decided by the Labour Court, a specialised jurisdiction composed of judges from the employer and employee milieus. The procedure is simplified, quick and, in most cases, free of charge for the employee, so as to guarantee effective access to justice.

A mandatory attempt at conciliation

Before any court action, a request for conciliation must, as a rule, be filed (art. 197 CPC). In the Canton of Geneva, conciliation in employment-law matters is conducted by the specific conciliation authority of the Labour Court.

At the hearing, a judge attempts to bring the parties closer to an agreement. If an agreement is reached, it has the same value as a judgment. Failing an agreement, the employee obtains an authorisation to proceed, valid for three months, to bring the matter before the court.

Simplified procedure and gratuity (disputes up to CHF 30'000)

Employment-law disputes whose value in dispute does not exceed CHF 30'000.‒ are subject to the simplified procedure (art. 243 CPC), which is faster and more flexible. Above all, these disputes are free of charge : no court costs are charged to the parties (art. 114 let. c CPC), except in the event of reckless conduct.

The parties, however, bear their own lawyers' fees, subject to the granting of legal aid or coverage by a legal protection insurance.

Territorial jurisdiction

The employee may, at his or her choice, bring an action before the court of the defendant's domicile or registered office, or at the place where he or she usually performs the work (art. 34 CPC). This alternative is mandatory : a contractual clause derogating from this rule is in principle unenforceable against the employee.

Time limits to keep in mind

• Wrongful dismissal (art. 336b CO) : written formal objection before the end of the contract, then court action within 180 days of the end of the contract.
• Unjustified immediate dismissal (art. 337c CO) : no mandatory prior formal objection, but a five-year limitation period for salaries (art. 128 CO). It is recommended to act without delay.
• Salary and overtime claims : limitation period of five years (art. 128 no. 3 CO).
• Moral damage and other claims in tort : limitation period of three years from knowledge of the damage, but ten years at the latest (art. 60 CO).

Typical course of proceedings

1. Preliminary correspondence between the parties (formal objection, formal notice, attempt at amicable settlement) ;
2. Request for conciliation before the Labour Court ;
3. Conciliation hearing ; where appropriate, issuance of an authorisation to proceed ;
4. Filing of the substantive claim (written, with quantified pleas and reasoning) ;
5. Exchange of pleadings, taking of evidence (witnesses, expert opinions, documentary evidence) ;
6. Judgment, open to appeal to the Court of Justice if the value in dispute is greater than CHF 10'000.‒ (art. 308 para. 2 CPC), and then possibly an appeal to the Federal Supreme Court.

For any labour-law question, as an employee or as an employer, you can book an appointment by telephone or schedule an   online appointment .

If you would like further advice, please do not hesitate to contact the firm's secretariat by telephone to arrange a meeting at a flat-fee rate. You can also reach the firm using the contact details and means below. You can also book an   online appointment

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