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
1. Wrongful termination
a. General principle

Art. 336190

1 Notice of termination is unlawful where given by one party:

a.

 on account of an attribute pertaining to the person of the other party, unless such attribute relates to the employment relationship or substantially impairs cooperation within the business;

b.

 because the other party exercises a constitutional right, unless the exercise of such right breaches an obligation arising from the employment relationship or substantially impairs cooperation within the business;

c.

 solely in order to prevent claims under the employment relationship from accruing to the other party;

d.

 because the other party asserts claims under the employment relationship in good faith;

 e.[191](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e10562) 

 because the other party is performing Swiss compulsory military or civil defence service or Swiss alternative civilian service or a non-voluntary legal obligation.

2 Further, notice of termination given by the employer is unlawful when given:

a.

 because the employee is or is not a member of an employees’ organisation or because he carries out trade union activities in a lawful manner;

b.

 while the employee is an elected employee representative on the staff council for the business or on a body linked to the business and the employer cannot cite just cause to terminate his employment;

 c.[192](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e10593) 

 in the context of mass redundancies, without his having consulted the organisation that represents the employees or, where there is none, the employees themselves (Art. 335_f_).

3 The protection against termination of employment afforded pursuant to paragraph 2 letter b to an employee representative whose mandate has ended as a result of transfer of the employment relationship (Art. 333) continues until such time as the mandate would have expired had such transfer not taken place.[193](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fn-d8e10617) 

[190](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10525) 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)).

[191](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10562) 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)).

[192](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10593) Inserted by No I of the FA of 17 Dec. 1993, in force since 1 May 1994 ([AS **1994** 804](eli/oc/1994/804%5F804%5F804/en);[BBl **1993** I 805](eli/fga/1993/1%5F805%5F757%5F609/en)).

[193](https://www.fedlex.admin.ch/eli/cc/27/317%5F321%5F377/en#fnbck-d8e10617) Inserted by No I of the FA of 17 Dec. 1993, in force since 1 May 1994 ([AS **1994** 804](eli/oc/1994/804%5F804%5F804/en);[BBl **1993** I 805](eli/fga/1993/1%5F805%5F757%5F609/en)).