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Employment relationships in Chur are governed primarily by Swiss federal law - the Swiss Code of Obligations (Obligationenrecht, OR) - together with cantonal procedures for dispute resolution. Wrongful termination generally means a dismissal that violates statutory protections, contractual terms, or the principle of good faith. Common legal issues include dismissal without respecting notice periods, dismissal for discriminatory or retaliatory reasons, dismissal during protected periods such as pregnancy or certain illness absences, and unlawful early termination of fixed-term contracts.
Employment law can be legally and factually complex. You may need a lawyer if any of the following apply:
- You believe your employer dismissed you for an unlawful or discriminatory reason - for example because of pregnancy, illness, union activity, whistleblowing, religion, age, nationality or disability.
- The employer did not respect the contractually agreed or statutory notice period.
- You received an immediate termination for alleged misconduct - you need to know whether the employer had just cause and whether you can challenge it.
- You had a fixed-term contract that was ended early without legal justification.
- You want to contest an employer claim that you committed gross misconduct or that you owe compensation.
- Your employer refuses to pay outstanding salary, holiday pay, bonuses, or other benefits due on termination.
- You want to negotiate a severance package or a settlement and need assistance to protect your interests.
- You need to navigate procedural steps - for instance filing a claim with the cantonal conciliation authority or court within strict deadlines.
Key legal aspects to know in Chur and across Switzerland include the following:
- Legal framework - Employment contracts are mainly subject to the Swiss Code of Obligations. Many basic rules are uniform across Switzerland, but procedural matters are handled at the cantonal level.
- Notice periods - The law sets minimum notice periods unless a different agreement applies. As a general rule, statutory minimum notice periods are one month during the first year of service, two months from the second to the ninth year, and three months from the tenth year onward - unless the contract provides otherwise within legal limits.
- Probation period - During an agreed probation period, termination is easier and shorter notice typically applies, often seven days unless agreed otherwise.
- Abusive dismissal - Swiss law prohibits dismissals that violate good faith or are motivated by protected reasons. Protected reasons commonly include discrimination, pregnancy, absence due to illness or accident during certain protected periods, military or compulsory public service, union activity, asserting statutory rights, or retaliation for filing a complaint. An abusive dismissal can entitle the employee to damages.
- Extraordinary termination - Either party may terminate the contract without notice for just cause in cases of grave misconduct. Whether just cause exists is fact sensitive and often contested.
- Remedies - Remedies for wrongful or abusive dismissal can include damages, compensation for lost wages during the notice period or beyond, recovery of unpaid entitlements such as accrued holiday pay, and in some rare situations reinstatement. Courts have discretion over damages, and in practice awards are often limited.
- Procedural rules and deadlines - There are tight deadlines for raising claims and for initiating conciliation procedures. Cantonal conciliation authorities typically handle initial attempts to settle employment disputes. If conciliation fails, the matter can proceed to cantonal courts. Time limits for contesting abusive dismissal and claiming damages are strict - prompt action is important.
- Language and process - Proceedings and official forms in Chur are typically in German. If you are not comfortable in German, get legal help or interpretation early.
An abusive dismissal is one that violates good faith or is based on prohibited grounds - for example discrimination, pregnancy, illness within protected periods, public duties, union involvement, or retaliation for asserting legal rights. Whether a particular dismissal is abusive depends on the facts and often requires legal review.
Statutory minimum notice periods are commonly one month during the first year of service, two months from year two to nine, and three months from year ten onward, unless your contract provides otherwise. Probationary notice periods are usually shorter. Always check the employment contract and get a lawyer if there is a dispute.
Swiss law provides special protection in many cases during certain periods of incapacity and for pregnancy and maternity. Dismissal during these protected periods may be unlawful or abusive. The exact scope and duration of protection depend on circumstances, so consult a lawyer if you were dismissed while ill or pregnant.
- Ask for the termination in writing if it was given verbally. Keep a copy of the written notice.
- Preserve evidence: employment contract, job description, payslips, performance reviews, emails, messages, witness names, and any medical certificates.
- Do not sign any document that waives your rights until you have legal advice.
- Contact a lawyer, union representative, or legal advice service promptly because deadlines to contest dismissals can be short.
Reinstatement is unusual in Switzerland. Remedies more commonly take the form of financial compensation or negotiated settlements. However, each case is different, and a lawyer can advise on the realistic remedies in your situation.
Possible compensation may include unpaid wages, holiday pay, bonuses, payment for the notice period, and damages for abusive dismissal. Courts have discretion when awarding damages, and there are practical caps commonly applied. Exact amounts depend on the case facts.
There are strict deadlines for initiating conciliation and court procedures in employment disputes. For abusive dismissal, there is a limited period during which a claim can be brought. Because these timelines vary and are important, contact a lawyer or your cantonal conciliation authority immediately after dismissal.
If the employer claims just cause for immediate dismissal, the employer bears the burden of proving the seriousness of the misconduct. You should obtain legal advice quickly to review the employer's evidence and to prepare a response, including any possible counterclaims for wrongful dismissal or unpaid entitlements.
Fixed-term contracts normally run until their stated end date and cannot be terminated early without legal grounds or mutual agreement. Early termination by the employer is only lawful in limited situations. If your fixed-term contract was ended early, seek advice about remedies such as damages for the unexpired term.
Yes. Trade unions such as Unia and others provide legal support to members in employment disputes. Legal expense insurance can also cover legal fees for employment law cases. Contact your union or insurer as soon as possible to check coverage and assistance options.
Useful resources and bodies to consider contacting include:
- Cantonal authorities in Graubunden that handle conciliation and labour matters - to learn about the local conciliation procedure and where to file a claim.
- Regional Employment Centre - for practical support if you are unemployed or seeking benefits.
- Federal State Secretariat for Economic Affairs (SECO) - for general guidance on Swiss employment law principles.
- Trade unions - for case support, advice and representation if you are a member.
- Local employment law firms and lawyers experienced in Swiss employment law and familiar with proceedings in Graubunden and Chur.
- Legal aid offices and cantonal legal advice services - if you need low-cost or free legal guidance depending on your financial situation.
- Your legal expenses insurer - to check whether a wrongful dismissal dispute is covered.
If you believe you experienced wrongful termination in Chur, consider the following practical next steps:
- Immediately collect and secure all relevant documents - employment contract, termination letter, payslips, emails, performance reviews, and medical certificates.
- Do not sign any settlement, release or similar documents until you have legal advice.
- Contact a lawyer experienced in Swiss employment law or your union representative. If you have legal expenses insurance, notify them at once.
- Find out the cantonal conciliation or mediation process and the applicable deadlines in Graubunden - you will often need to begin conciliation before going to court.
- Consider informal negotiation or mediation as a first option if appropriate - many disputes are resolved by settlement.
- Keep detailed notes of conversations and incidents related to the dismissal - dates, participants, and what was said.
- If you are unsure where to start, use local legal advice services for an initial consultation to understand your position and timelines.
Prompt action is important. Time limits apply and the outcome often depends on careful documentation and timely legal steps. A local lawyer can explain your rights under the Swiss Code of Obligations and represent you before the cantonal conciliation authorities and courts in Chur.
