What are the rights of workers regarding protection against abusive dismissal in Switzerland, and how can they assert their rights in court?
In Switzerland, workers are entitled to certain protection against abusive dismissal. Swiss labor and employment contract laws contain provisions to protect workers against unjustified dismissal and to provide them with recourse in case of abusive dismissal.
Workers have the right to challenge an abusive dismissal in court. To assert their rights, a worker must first contact a specialized labor law attorney to assess the validity of the dismissal. If the attorney determines that the dismissal is abusive, the worker can then bring a legal action to assert their rights.
The worker can challenge the dismissal in the competent court within 180 days after being notified of the dismissal. The challenge must be presented in writing to the competent court, which can be either a civil court or an administrative court, depending on the circumstances.
The court will evaluate the validity of the dismissal based on applicable legal rules and make a decision. If the dismissal is deemed abusive, the court can order the worker’s reinstatement or payment of severance, as well as reimbursement of lost wages during the inactive period.
It is important to note that workers are entitled to certain legal protection against dismissal, but the exact conditions depend on the type of employment contract, the length of employment, and the circumstances of the dismissal. It is recommended to consult a specialized labor law attorney to understand the rights and recourse available in case of abusive dismissal.