Situations of Wrongful Termination under Swiss Law
5 Nov, 2024 by
Labor law is governed by the principle of contractual freedom: each party is in principle free to terminate the employment contract. But beware : the risk of abuse is never far away!
Termination is wrongful when the grounds on which it is based offend our sense of justice because they go against the values recognized by society. Article 336 of the Code of Obligations lists eight non-exhaustive cases of wrongful termination.
This article develops the following themes :
- the principle of contractual freedom and abuse of rights
- fixed-term contracts
- discriminatory termination
- situations of wrongful termination
- termination for reasons inherent to the employee's personality
- freedom of expression, opinion and of information (art. 16 Cst)
- termination to prevent the assertion of a right
- termination in retaliation/revenge termination
- termination on the grounds of union trade membership
- termination of an elected employee representative
- consequences of wrongful termination