Division Two: Types of Contractual Relationship
Title Ten:113 The Employment Contract
Section One: The Individual Employment Contract
G. End of the employment relationship
III. Protection from termination
2. Termination at an inopportune juncture
a. By the employer

Art. 336c197

1 After the probation period has expired, the employer may not terminate the employment relationship:

 a.[198](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e10747) 

 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 eleven[199](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e10766) 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.[200](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e10789) 

 before the end of the extended period of maternity leave in accordance with Article 329_f_ paragraph 2;

 cter.[201](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e10814) 

 for as long as the employee is entitled to carer’s leave under Article 329_i_, but for no longer than six months from the day on which the period within which to take the leave begins;

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.

[197](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10722) Amended by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 ([AS **1988** 1472](eli/oc/1988/1472%5F1472%5F1472/en);[BBl **1984** II 551](eli/fga/1984/2%5F551%5F574%5F494/en)).

[198](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10747) Amended by Annex No 3 to the FA of 6 Oct. 1995 on Alternative Civilian Service, in force since 1 Oct. 1996 ([AS **1996** 1445](eli/oc/1996/1445%5F1445%5F1445/en);[BBl **1994** III 1609](eli/fga/1994/3%5F1609%5F1579%5F1445/en)).

[199](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10766) Revised by the Federal Assembly Drafting Committee (Art. 33 ParlPA;[AS **1974** 1051](eli/oc/1974/1051%5F1051%5F1051/en)).

[200](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10789) Inserted by No II of the FA of 18 Dec. 2020, in force since 1 July 2021 ([AS **2021** 288](eli/oc/2021/288/en);[BBl **2019** 141](eli/fga/2019/9/en)).

[201](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10814) Originally let. cbis. 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](eli/oc/2020/799/en);[BBl **2019** 4103](eli/fga/2019/1504/en)).