18 Mar, 2022 by Marianne Favre Moreillon

Popular initiative to strengthen protection against dismissal

18 Mar, 2022 by Marianne Favre Moreillon

At its congress on February 26, 2022, Unia syndicate decided to launch a popular initiative to strengthen protection against dismissal. Does such an initiative really meet a need for worker protection?

The aim of this initiative is to provide special protection for employee representatives and employees at risk of exclusion from the job market, such as women after maternity leave or older employees. Wrongful dismissals are to be punished, either by annulling the dismissal or by compensating the employee, if he or she so wishes, with two years' salary.

This article develops the following themes:

  • Contractual freedom to terminate employment contracts
  • Risks of wrongful dismissal
  • Compensation for wrongful dismissal
  • Current protection against wrongful dismissal under Swiss law
  • Strengthening protection against wrongful dismissal
  • Statutory cases of wrongful dismissal
  • Dismissal of employees on grounds of age
  • Protection of employees who are members of the personnel committee
  • Justification for dismissal
  • Protection of mothers returning from maternity leave
  • Penalties for wrongful dismissal

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