Federal Act on the Amendment of the Swiss Civil Code (OR) Art. 336
Zusammenfassung der Rechtsnorm OR:
The Swiss Code of Obligations is a central code of Swiss civil law that regulates the legal relationships between private individuals. It includes five books that cover various aspects of contract law, law of obligations and property law, including the formation, content and termination of contracts, as well as liability for breach of contract and tort. The Code of Obligations is an important code of law for business and everyday life in Switzerland, as it forms the basis for many legal relationships and contracts and has been in force since 1912, whereby it is regularly adapted to social and economic developments.
Art. 336 OR from 2024
Art. 336 Wrongful termination a. General principle (1)
1 Notice of termination is unlawful where given by one party:a. on account of an attribute pertaining to the person of the other party, unless such attribute relates to the employment relationship or substantially impairs cooperation within the business;b. because the other party exercises a constitutional right, unless the exercise of such right breaches an obligation arising from the employment relationship or substantially impairs cooperation within the business;c. solely in order to prevent claims under the employment relationship from accruing to the other party;d. because the other party asserts claims under the employment relationship in good faith;e. (2) because the other party is performing Swiss compulsory military or civil defence service or Swiss alternative civilian service or a non-voluntary legal obligation.
2 Further, notice of termination given by the employer is unlawful when given:a. because the employee is or is not a member of an employees’ organisation or because he carries out trade union activities in a lawful manner;b. while the employee is an elected employee representative on the staff council for the business or on a body linked to the business and the employer cannot cite just cause to terminate his employment;c. (3) in the context of mass redundancies, without his having consulted the organisation that represents the employees or, where there is none, the employees themselves (Art. 335f).
3 The protection against termination of employment afforded pursuant to paragraph 2 letter b to an employee representative whose mandate has ended as a result of transfer of the employment relationship (Art. 333) continues until such time as the mandate would have expired had such transfer not taken place. (3)
(1) Amended by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 ([AS 1988 1472]; [BBl 1984 II 551]).
(2) Amended by Annex No 3 to the FA of 6 Oct. 1995 on Alternative Civilian Service, in force since 1 Oct. 1996 ([AS 1996 1445]; [BBl 1994 III 1609]).
(3) (4)
(4) Inserted by No I of the FA of 17 Dec. 1993, in force since 1 May 1994 ([AS 1994 804]; [BBl 1993 I 805]).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
