3 May, 2023 by Marianne Favre Moreillon

Older employees and wrongful dismissal under Swiss law

3 May, 2023 by Marianne Favre Moreillon

When employees approach retirement age, their motivation, productivity and physical abilities sometimes decline. Older employees benefit, under certain conditions, from special protection. The risk of wrongful dismissal is never far away.

Faced with an increasingly competitive market, employees must improve and update their knowledge. Older workers risk being sidelined.

This article develops the following topics:

  • freedom of termination
  • reasons inherent to the employee's personality and wrongful dismissal
  • lawfulness of the dismissal of an older employee
  • jurisprudence
  • the employer's duty to assist
  • measures to be taken before a dismissal 

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