Protection Against Dismissal (Kündigungsschutz)
Kündigungsschutz is a set of Swiss legal rules that restrict your right to dismiss certain employees. Pregnant women, employees on sick leave, those with disabilities, and union representatives enjoy heightened protection. Dismissals of protected persons must be justified and often require advance notice to cantonal authorities.
In Switzerland, not every dismissal is legally valid. Kündigungsschutz—protection against dismissal—means the law forbids you from firing someone in certain categories or without following specific procedures. This applies even if their employment contract allows ordinary notice periods.
The rules vary by canton, industry (under collective agreements or GAV), and personal status. As an employer, you must know who is protected and how. Violating Kündigungsschutz can force you to reinstate an employee or pay significant severance.
Who is protected and when it applies
Swiss law protects specific groups during vulnerable periods. The most common are pregnant employees, those on maternity leave, parents on paternity or parental leave, and employees on sick or accident leave. The ArG (Arbeitsgesetz) and cantonal employment laws set these rules.
Union representatives and employees taking time off for military service, jury duty, or cantonal political office also enjoy protection. Some cantons (notably Zurich, Bern, Basel-Stadt) extend protection to employees with disabilities or older workers. Check your canton's specific rules—they differ.
- Pregnant employees: protected from conception until 16 weeks after birth (ArG Article 36)
- Sick or accident leave: typically protected during the notice period (length varies by canton, often 30–90 days)
- Union representatives: protected to allow them to perform their role without fear
- Employees on military service: protected while serving and for a set period after return
- Employees with disabilities: some cantons require special procedures before dismissal
- Parental leave: protection during and shortly after leave (duration varies by canton)
Your obligations as an employer
If you want to dismiss a protected person, you must follow strict procedures. For most groups, you need a legally valid reason—not just business convenience. In some cases (pregnancy, disability) you must notify the cantonal RAV/ORP/URC or labour office before serving notice.
Document your reasons carefully. A dismissal notice must be in writing and state grounds if the employee is protected. Many cantons require you to consult with the employee's representative or a social partner before dismissal. Failure to follow procedure can void the dismissal entirely.
- Write down the reason for dismissal before serving notice
- Notify the cantonal authority (RAV/ORP/URC) if dismissing a pregnant employee or person with a disability
- Respect extended notice periods if they apply (often longer than ordinary notice)
- Ensure dismissal is not retaliatory (e.g., for union activity or taking sick leave)
- Keep all documentation: medical reports, performance records, communication
- Consider settlement agreements if the dismissal is legally risky
The most common mistake
Many employers dismiss a protected employee without checking their status first or without documenting a valid reason. They assume ordinary notice applies. The employee then challenges the dismissal at the cantonal labour court.
The employer must prove the dismissal was justified. If they cannot, the court may order reinstatement or award damages (often 6–12 months' salary). This is far costlier than consulting a lawyer before dismissing anyone in a protected category. A five-minute check with your lawyer saves months of litigation.
- Assuming notice periods are the same for all employees (they are not if protected)
- Dismissing during or shortly after sick leave without proper justification
- Failing to notify cantonal authorities before dismissing a pregnant employee
- Not documenting the reason in writing at the time of dismissal
- Retaliating against union representatives or employees on protected leave
- Treating all dismissals as 'at-will' (Switzerland has strict wrongful dismissal rules)
Frequently asked questions
- Can I dismiss a pregnant employee?
- No, unless she consents. Swiss law (ArG Article 36) forbids dismissal from conception through 16 weeks after birth. The only exception is with her written agreement or in cases of gross misconduct. You must notify the cantonal authority first. Violating this rule can result in damages of several months' salary.
- What happens if I dismiss someone on sick leave?
- It depends on your canton and the length of leave. Most cantons protect employees during the first 30–90 days of illness. A dismissal during this period must be justified by gross misconduct or business reasons unrelated to the illness. If challenged, the burden is on you to prove the reason was valid and not retaliatory.
- Do I need to notify a government agency before dismissing someone?
- Yes, in specific cases. You must notify the cantonal RAV/ORP/URC (unemployment office) before dismissing a pregnant employee or, in some cantons, an employee with a disability. Failure to notify can make the dismissal invalid. Check your canton's rules—requirements differ by location.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.