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Art. 336a194
b. Penalties 1 A party who terminates the employment relationship unlawfully must pay compensation to the other party. 2 The court determines the compensation taking due account of all the circumstances, though it must not exceed an amount equivalent to six months’ salary for the employee. Claims for damages on other counts are unaffected. 3 Where termination is unlawful pursuant to Article 336 paragraph 2 letter c, compensation may not exceed two months’ salary for the employee.195 194Amended by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 (AS 1988 1472; BBl 1984 II 551). 195Inserted by No I of the FA of 17 Dec. 1993, in force since 1 May 1994 (AS 1994804; BBl 1993 I 805). |