Federal Act on the Amendment of the Swiss Civil Code (OR) Art. 336c
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. 336c OR from 2025
Art. 336c Termination at an inopportune juncture a. By the employer (1)
1 After the probation period has expired, the employer may not terminate the employment relationship:a. (2) while the other party is performing Swiss compulsory military or civil defence service or Swiss alternative civilian service or, where such service lasts for more than eleven (3) days, during the four weeks preceding or following it;b. while the employee through no fault of his own is partially or entirely prevented from working by illness or accident for up to 30 days in the first year of service, 90 days in the second to fifth years of service and 180 days in the sixth and subsequent years of service;c. during the pregnancy of an employee and the sixteen weeks following birth;cbis. (4) before the end of the extended period of maternity leave in accordance with Article 329f paragraph 2;cter. (5) between the start of leave in accordance with Article 329f paragraph 3 and the last day of leave taken, but for a maximum of three months from the end of the period in accordance with letter c;cquater. (6) for as long as the employee is entitled to carer’s leave under Article 329i, but for no longer than six months from the day on which the period within which to take the leave begins;cquinquies. (5) while leave is being taken in accordance with Article 329gbis;d. while the employee is participating with the employer’s consent in an overseas aid project ordered by the competent federal authority.
2 Any notice of termination given during the proscribed periods stipulated in paragraph 1 is void; by contrast, where such notice was given prior to the commencement of a proscribed period but the notice period has not yet expired at that juncture, it is suspended and does not resume until the proscribed period has ended.
3 Where a specific end-point, such as the end of a month or working week, has been set for termination of the employment relationship and such end-point does not coincide with the expiry of the resumed notice period, the latter is extended until the next applicable end-point.
(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) Revised by the Federal Assembly Drafting Committee (Art. 33 ParlPA; [AS 1974 1051]).
(4) Inserted by No II of the FA of 18 Dec. 2020, in force since 1 July 2021 ([AS 2021 288]; [BBl 2019 141]).
(5) (7)
(6) Originally let. cbis, then cter. Inserted by No II 1 of the FA of 20 Dec. 2019 on Improving the Compatibility of Work and Caring for Family Members, in force since 1 July 2021 ([AS 2020 4525]; [BBl 2019 4103]).
(7) Inserted by Annex No 1 of the FA of 17 March 2023 (Daily Allowance for the Surviving Parent), in force since 1 Jan. 2024 ([AS 2023 680]; [BBl 2022 2515], [2742]).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
