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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 January 2022)

Art. 336c192

2. Ter­min­a­tion at an in­op­por­tune junc­ture

a. By the em­ploy­er

 

1 After the pro­ba­tion peri­od has ex­pired, the em­ploy­er may not ter­min­ate the em­ploy­ment re­la­tion­ship:

a.193
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 el­ev­en194 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.195
be­fore the end of the ex­ten­ded peri­od of ma­ter­nity leave in ac­cord­ance with Art­icle 329f para­graph 2;
cter.196
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;
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.

192Amended by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 (AS 1988 1472; BBl 1984 II 551).

193Amended 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).

194Re­vised by the Fed­er­al As­sembly Draft­ing Com­mit­tee (Art. 33 Par­lPA; AS 1974 1051).

195 In­ser­ted by No II of the FA of 18 Dec. 2020, in force since 1 Ju­ly 2021 (AS 2021 288; BBl 2019 141).

196 Ori­gin­ally lett. cbis. 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).