The protection against termination during inopportune times, as regulated in the Swiss Code of Obligations, aims to ensure that employees have a full notice period.
In this context, there are several scenarios in which an employee is protected. The first is the period during which the employee is performing military service, as well as the 4 weeks before and after this service. Next, there is protection in case of work incapacity due to illness or accident, with protection depending on the length of the service. Thus, the employee is protected for 30 days during the first year of service, 90 days from the second to the fifth year of service, and 180 days thereafter. Additionally, protection is afforded to female employees during pregnancy and for sixteen weeks following childbirth. It is important to note that the protection related to pregnancy is not dependent on the notification of pregnancy to the employer. Lastly, the law provides protection during the period when the employee participates, with the employer’s consent, in foreign aid services ordered by the federal authority. For example, this applies to someone who joins a Swiss medical aid team abroad.
The principle is that if, at the time the employee receives their termination notice, they are in a protected period, the termination will be null. However, if the termination notice is received by the employee before entering a protected period, the termination will be valid, but the notice period will be suspended during the protected period.
Finally, protection against termination during inopportune times does not apply during the entire probationary period, in cases of immediate termination, for fixed-term contracts that expire by the passage of time, when the employee objects to their own transfer in cases of transfer of employment, and in cases of mutual agreement to terminate between the parties. It also does not apply in cases of voluntary resignation by the employee.
If your employer has terminated your employment contract during one of the aforementioned protected periods and you wish to assert your rights in court, our team of professionals would be pleased to welcome you to our offices at Rue du Valentin 1, 1004 Lausanne, Switzerland, to assist you with your legal actions and to address any comments you may have.
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