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Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

of 30 March 1911 (Status as of 1 July 2021)

Art. 339c

b. Amount and due date

 

1 The amount of the sev­er­ance al­low­ance may be fixed by writ­ten in­di­vidu­al agree­ment, stand­ard em­ploy­ment con­tract or col­lect­ive em­ploy­ment con­tract but may nev­er be less than two months’ salary for the em­ploy­ee.

2 Where the amount of the sev­er­ance al­low­ance is not fixed, the court has dis­cre­tion to de­term­ine it tak­ing due ac­count of all the cir­cum­stances, al­though it must not ex­ceed the equi­val­ent of eight months’ salary for the em­ploy­ee.

3 The sev­er­ance al­low­ance may be re­duced or dis­pensed with if the em­ploy­ee has ter­min­ated the em­ploy­ment re­la­tion­ship without good cause or the em­ploy­er him­self has ter­min­ated it with im­me­di­ate ef­fect for good cause or where the pay­ment of such al­low­ance would in­flict fin­an­cial hard­ship on him.

4 The sev­er­ance al­low­ance is due on ter­min­a­tion of the em­ploy­ment re­la­tion­ship, but the due date may be de­ferred by writ­ten in­di­vidu­al agree­ment, stand­ard em­ploy­ment con­tract or col­lect­ive em­ploy­ment con­tract or by court or­der.