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

of 30 March 1911 (Status as of 9 February 2023)

Art. 337c203

b. Ter­min­a­tion without just cause

 

1 Where the em­ploy­er dis­misses the em­ploy­ee with im­me­di­ate ef­fect without good cause, the em­ploy­ee is en­titled to dam­ages in the amount he would have earned had the em­ploy­ment re­la­tion­ship ended after the re­quired no­tice peri­od or on ex­piry of its agreed dur­a­tion.

2 Such dam­ages are re­duced by any amounts that the em­ploy­ee saved as a res­ult of the ter­min­a­tion of the em­ploy­ment re­la­tion­ship or that he earned by per­form­ing oth­er work or would have earned had he not in­ten­tion­ally fore­gone such work.

3 The court may or­der the em­ploy­er to pay the em­ploy­ee an amount of com­pens­a­tion de­term­ined at the court’s dis­cre­tion tak­ing due ac­count of all cir­cum­stances; however, com­pens­a­tion may not ex­ceed the equi­val­ent of six months’ salary for the em­ploy­ee.

203Amended by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 (AS 1988 1472; BBl 1984 II 551).