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


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Art. 336c199

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.200
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 el­ev­en201 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.202
be­fore the end of the ex­ten­ded peri­od of ma­ter­nity leave in ac­cord­ance with Art­icle 329f para­graph 2;
cter.203
between the start of leave in ac­cord­ance with Art­icle 329f para­graph 3 and the last day of leave taken, but for a max­im­um of three months from the end of the peri­od in ac­cord­ance with let­ter c;
cquater.204
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;
cquin­quies.205 while leave is be­ing taken in ac­cord­ance with Art­icle 329gbis;
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.

199Amended by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 (AS 1988 1472; BBl 1984 II 551).

200Amended 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).

201Re­vised by the Fed­er­al As­sembly Draft­ing Com­mit­tee (Art. 33 Par­lPA; AS 1974 1051).

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

203 In­ser­ted by An­nex No 1 of the FA of 17 March 2023 (Daily Al­low­ance for the Sur­viv­ing Par­ent), in force since 1 Jan. 2024 (AS 2023 680; BBl 2022 2515, 2742).

204 Ori­gin­ally let. cbis, then cter. 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).

205 In­ser­ted by An­nex No 1 of the FA of 17 March 2023 (Daily Al­low­ance for the Sur­viv­ing Par­ent), in force since 1 Jan. 2024 (AS 2023 680; BBl 2022 2515, 2742).

 

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