Federal Act on Gender Equality

¹The ter­min­a­tion of em­ploy­ment by an em­ploy­er may be chal­lenged if it takes place without good cause fol­low­ing a com­plaint of dis­crim­in­a­tion by the em­ploy­ee to a su­per­i­or or the ini­ti­ation of pro­ceed­ings be­fore a con­cili­ation board or a court by the em­ploy­ee.

²Pro­tec­tion against dis­missal ap­plies for the dur­a­tion of any com­plaints pro­ced­ure at the place of work, and of any con­cili­ation or court pro­ceed­ings, and for six months there­after.

³The dis­missal must be chal­lenged in court be­fore the ex­piry of the peri­od of no­tice of ter­min­a­tion. The court may or­der the tem­por­ary re­in­state­ment of the em­ploy­ee for the dur­a­tion of the pro­ceed­ings if it ap­pears likely that the re­quire­ments for over­turn­ing the dis­missal are well foun­ded.

⁴The em­ploy­ee may opt not to con­tin­ue in em­ploy­ment for the dur­a­tion of the pro­ceed­ings and may in­stead claim com­pens­a­tion in ac­cord­ance with Art­icle 336a of the Code of Ob­lig­a­tions¹.

⁵This Art­icle ap­plies by ana­logy to dis­missals that res­ult from a com­plaint filed by an or­gan­isa­tion in terms of Art­icle 7.