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

¹ No­tice of ter­min­a­tion is un­law­ful where giv­en by one party:

a.

on ac­count of an at­trib­ute per­tain­ing to the per­son of the oth­er party, un­less such at­trib­ute relates to the em­ploy­ment re­la­tion­ship or sub­stan­tially im­pairs co­oper­a­tion with­in the busi­ness;

b.

be­cause the oth­er party ex­er­cises a con­sti­tu­tion­al right, un­less the ex­er­cise of such right breaches an ob­lig­a­tion arising from the em­ploy­ment re­la­tion­ship or sub­stan­tially im­pairs co­oper­a­tion with­in the busi­ness;

c.

solely in or­der to pre­vent claims un­der the em­ploy­ment re­la­tion­ship from ac­cru­ing to the oth­er party;

d.

be­cause the oth­er party as­serts claims un­der the em­ploy­ment re­la­tion­ship in good faith;

e.¹⁹⁰

be­cause the oth­er party is per­form­ing Swiss com­puls­ory mil­it­ary or civil de­fence ser­vice or Swiss al­tern­at­ive ci­vil­ian ser­vice or a non-vol­un­tary leg­al ob­lig­a­tion.

² Fur­ther, no­tice of ter­min­a­tion giv­en by the em­ploy­er is un­law­ful when giv­en:

a.

be­cause the em­ploy­ee is or is not a mem­ber of an em­ploy­ees’ or­gan­isa­tion or be­cause he car­ries out trade uni­on activ­it­ies in a law­ful man­ner;

b.

while the em­ploy­ee is an elec­ted em­ploy­ee rep­res­ent­at­ive on the staff coun­cil for the busi­ness or on a body linked to the busi­ness and the em­ploy­er can­not cite just cause to ter­min­ate his em­ploy­ment;

c.¹⁹¹

in the con­text of mass re­dund­an­cies, without his hav­ing con­sul­ted the or­gan­isa­tion that rep­res­ents the em­ploy­ees or, where there is none, the em­ploy­ees them­selves (Art. 335f).

³ The pro­tec­tion against ter­min­a­tion of em­ploy­ment af­forded pur­su­ant to para­graph 2 let­ter b to an em­ploy­ee rep­res­ent­at­ive whose man­date has ended as a res­ult of trans­fer of the em­ploy­ment re­la­tion­ship (Art. 333) con­tin­ues un­til such time as the man­date would have ex­pired had such trans­fer not taken place.¹⁹²