28 Mar, 2023 by Marianne Favre Moreillon

The notion of abuse in a dismissal

28 Mar, 2023 by Marianne Favre Moreillon

The dismissal of any employee must be handled with gloves... But beware, the risk of abuse is never a long way off. 

According to the principle of contractual freedom, either party may terminate the employment contract without any particular reason. However, in certain circumstances, a dismissal can be unlawful.

 This article develops the following topics:

  • freedom to terminate
  • the concept of wrongful termination
  • wrongful termination and trial period
  • fixed-term contracts
  • situations of wrongful termination
  • consequences of wrongful termination
  • procedure to be followed by the wrongfully dismissed employee

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