Recent Developments In Employment Law In Switzerland

Protection against dismissal - notice period

An employer's notice to terminate employment is ineffective if it is given during a time (military service, illness or accident, pregnancy etc) when the loss of employment may be particularly critical for the employee ('improper time'). If notice is given but has not yet expired before the commencement of this improper time for the employee, it is suspended and continues running at the end of that time. The Federal Supreme Court has now confirmed that the beginning of the notice period is calculated retrospectively from the date of termination of the employment contract (Decision 4A_47/2008).