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Wrongful termination, commonly referred to as "unlawful dismissal," occurs when an employer terminates an employee's contract in violation of Swiss labor laws or contractual agreements. In Thun, Switzerland, employees are protected against dismissals that breach statutory provisions, violate public policy, or are carried out under discriminatory circumstances. The Swiss labor law framework emphasizes fairness and balance between employer and employee rights, and it provides specific procedures and remedies if a termination is deemed unlawful.
Seeking legal representation can be crucial if you believe your dismissal was unjust. Common situations that require legal help include being terminated without notice or without proper cause, facing discrimination or victimization, not receiving appropriate compensation or notice, or if you suspect the employer failed to follow correct procedures. A qualified lawyer can help assess your situation, ensure your rights are protected, negotiate with the employer, or represent you in legal proceedings if necessary.
Swiss labor law, applicable in Thun, is governed primarily by the Code of Obligations (Obligationenrecht, OR) and additional provisions in the Swiss Federal Constitution. Employment contracts can be terminated at any time by either side, but the law distinguishes between ordinary and extraordinary terminations. Ordinary termination requires adherence to statutory notice periods, while extraordinary termination (immediate dismissal) is allowed only for valid reasons. Dismissal is unlawful if it is based on characteristics like gender, race, religion, or if it violates the principle of good faith. Employees who believe they have been wrongfully terminated can claim financial compensation or, in limited cases, request continued employment. Compulsory procedures, such as written objections and deadlines, apply, so it is important to act swiftly.
Wrongful termination occurs when an employer terminates a contract in violation of legal or contractual obligations, such as dismissing someone for discriminatory reasons or without proper procedure.
Immediate dismissal, or summary termination, is only permitted in cases of serious misconduct, such as theft, violence, or gross breach of trust by the employee.
Employers do not have to state a reason for ordinary dismissals unless the employee specifically requests it in writing.
Notice periods are defined by law and by employment contract. The standard statutory period is one month during the first year of service, two months from the second to the ninth year, and three months thereafter, unless otherwise agreed in the contract.
Yes. Employees can object to an unfair dismissal by submitting a written objection to their employer, and if unresolved, may pursue the case in labor courts.
Compensation usually includes financial payments that can be up to a maximum of six months’ salary, depending on circumstances. Reinstatement is rarely ordered.
Employees must object to the termination in writing before the end of the notice period and must take court action within 180 days of the work relationship ending.
Yes. Employers cannot terminate an employee while they are on sick leave, serving compulsory military duty, or during maternity leave, as specified by law.
Dismissal in retaliation for making a complaint, such as reporting unlawful activities or harassment, is considered unlawful and can be challenged.
During probation (usually first month), either party can terminate the contract with seven days' notice, unless otherwise agreed, but basic protections against discrimination still apply.
Those seeking advice or support regarding wrongful termination in Thun can turn to the following:
If you believe you have been wrongfully terminated in Thun, Switzerland, act quickly. Review your employment contract and gather all relevant documentation. Submit a written objection to your employer as soon as possible. Seek legal advice from a qualified labor law specialist who is familiar with Swiss and local practices. Many offer an initial consultation to assess your case. If mediation is unsuccessful, your lawyer can guide you through filing a claim in the local labor court within the required deadlines. Proactive steps and timely action are essential to protect your rights and secure the compensation you deserve.
