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Swiss Supreme Court clarifies abusive termination law
17/08/2023
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Federal Supreme Court of Switzerland in Lausanne, Switzerland
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Authors
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Simone Wetzstein is a partner at Walder Wyss
Simone Wetzstein is a partner at Walder Wyss
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Tabea Gutmann is an associate at Walder Wyss
Tabea Gutmann is an associate at Walder Wyss

 

Swiss employment law tends to be perceived as employer friendly. This is particularly reflected in the rules on termination, with the so-called “freedom of termination” principle allowing either party to end the relationship without any specific justification.

However, the freedom of termination is not unlimited: Swiss labour law defines certain grounds based on which terminations are considered abusive. Among other things, the following circumstances lead to abusive termination: