Unfair Dismissal in Geneva: Recognise It & Act in Time | Swiss Premium Insurance
Legal protection · Unfair dismissal

Unfair dismissal: how to recognise it and act in time

Swiss law requires no reason to dismiss, but strictly governs the circumstances in which a dismissal becomes unfair. Here's how to identify your situation and the deadlines to respect.

Unfair dismissal: how to recognise it and act in time

What makes a dismissal unfair under Swiss law

Swiss employment law rests on freedom to terminate: an employer need not justify a dismissal. However, the law defines situations where a dismissal becomes unfair, notably when it's given for a discriminatory reason, in retaliation for an employee's legitimate claim, or during a period of legal protection.

Examples of recognised unfair grounds

The deadlines you absolutely must know

Deadline to object: a written objection to the dismissal must in principle be made before the end of the notice period. Legal action for unfair dismissal must then be brought within a strict deadline after the end of employment. Never let these deadlines pass; they are mandatory and cannot be extended.

What to do if you suspect unfair dismissal

  1. Don't sign a final settlement hastilySome documents can limit your right to contest later.
  2. Make a written objection within the deadlineThis step is essential to preserve your right of action, even if you negotiate in parallel.
  3. Gather the evidenceEmails, witness statements, earlier performance reviews contradicting the stated reason.
  4. Consult a specialist lawyer quicklyThe short deadlines demand immediate reactivity from the first signs.

The possible consequences

A dismissal found to be unfair generally doesn't lead to automatic reinstatement, but to an award of compensation of up to several months' salary, the amount set by the competent court according to the circumstances and seriousness of the case.

When a dismissal is contested, every week counts. Active legal protection lets you quickly consult a specialist lawyer, without the cost delaying your decision to act.

Frequently asked questions

Can I contest a dismissal with no reason given?

Yes, you can ask your employer in writing for the reasons for the dismissal; there's an obligation to give them to you if you request them.

Is dismissal during sick leave always unfair?

No; there are limited protection periods depending on seniority; after this period, dismissal remains possible even during incapacity for work. A precise analysis of your situation is needed.

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