Jurilo by Lawise.ai:
Conflicts and tensions in the workplace are not uncommon. However, when a dispute escalates, it can lead to termination – whether by the employer or the employee. In Switzerland, the freedom to terminate is broadly defined, but it finds its limits in the prohibition of abuse. In this article, you will learn when a termination after a conflict is legally permissible and when it is considered abusive.
A termination after a dispute is permissible in Switzerland if it is objectively justified. However, if it occurs as a reaction to legitimate criticism, reports of bullying, or to prevent claims, it is considered abusive.
FREEDOM TO TERMINATE AND ITS LIMITS
Principle of Freedom to Terminate
According to Swiss employment law, an indefinite employment relationship can be terminated by either party at any time while observing the notice period – even without stating reasons. This results from the principle of freedom to terminate under Art. 335 CO.
Limitations: Abusive Termination
However, the freedom to terminate is not absolute. A termination may not occur for abusive reasons. The relevant provisions are found in:
Art. 336 CO: Abusive termination
Art. 336a CO: Compensation for abusive termination
TERMINATION AFTER A WORKPLACE DISPUTE: WHEN IS IT PERMISSIBLE?
Permissible Termination When Collaboration Is Disrupted
A serious conflict can significantly impair collaboration in the company. In such cases, a termination is generally permissible, especially when the relationship of trust has been permanently disrupted. This applies to both employers and employees.
Example: An employee repeatedly insults their supervisor or sabotages the work of colleagues. The employer can terminate in such a case, provided the termination does not occur at an inopportune time (e.g., during illness).
Termination After Conflict by the Employee
The employee can also terminate after a dispute, for example, when the work atmosphere has become unbearable. Such a termination is permissible but may under certain circumstances lead to sanctions from unemployment insurance if there is no valid reason.
WHEN IS A TERMINATION AFTER A DISPUTE ABUSIVE?
Termination as a Reaction to Legitimate Criticism
If an employee is terminated because they address grievances or defend themselves against unfair treatment, this can be abusive. According to Art. 336 para. 1 lit. d CO, a termination is abusive if it occurs because the employee asserts claims from the employment relationship in good faith.
Example: An employee reports bullying or sexual harassment and is dismissed shortly thereafter – without the employer investigating the allegations. Such a termination can be qualified as abusive.
Termination of the Bullying Victim
Particularly delicate is the termination of an employee who has been a victim of bullying. According to Art. 328 CO, the employer is obligated to protect the personality and health of the employee. If the bullying victim is terminated without the employer having taken appropriate protective measures, this can be considered abusive.
Termination to Prevent Claims
A termination is also abusive if it is issued to thwart the emergence of claims – for example, shortly before a bonus or salary increase becomes due (Art. 336 para. 1 lit. c CO).
CONSEQUENCES OF AN ABUSIVE TERMINATION
Compensation
If a termination is judged to be abusive, the terminated party is entitled to compensation of up to six months' salary (Art. 336a CO). This compensation is independent of any potential damages.
No Continuation of the Employment Relationship
Even with an abusive termination, the employment relationship ends at the agreed time. There is no entitlement to continued employment – only to compensation.
👉 Termination after a dispute?
Jurilo reviews terminations under Swiss law – structured, neutral, and legally sound.
👉 See also: Abusive termination in Switzerland – typical examples
👉 Related: Termination due to performance or failure to meet targets – Is a warning required?
👉 Basics: Termination by employer vs. employee – Differences & consequences
CONCLUSION
A termination after a workplace dispute is not inherently impermissible. What matters is whether the termination is objectively justified or whether it occurs as a reaction to legitimate criticism, bullying allegations, or to prevent claims. In such cases, it can be considered abusive and lead to compensation claims.
Employers should clarify and document conflicts early before proceeding to termination. Employees, in turn, should seek legal advice when facing threatened termination – especially if they feel they have been treated unfairly.
Sources
Art. 335 CO
Art. 336 CO
Art. 336a CO
Art. 328 CO
FAQ ON TERMINATION AFTER CONFLICT
May an employer terminate after a dispute?
Yes, in principle an employer may also terminate after a dispute, provided the termination is not abusive. A serious conflict that permanently disrupts the relationship of trust can justify a termination.
When is a termination after a dispute considered abusive?
A termination is abusive if it occurs, for example, as a reaction to legitimate criticism, the assertion of rights, or the reporting of grievances. The termination of a bullying victim without prior protective measures can also be abusive.
What can I do if I was terminated after a dispute?
You can challenge the termination in writing as abusive. This must be done no later than the end of the notice period. After that, you can file a lawsuit for compensation within 180 days.
How much is the compensation for an abusive termination?
The compensation can amount to up to six months' salary. The exact amount depends on the circumstances of the individual case, such as the severity of the abuse and the financial situation of the affected person.
Can I also terminate as an employee after a dispute?
Yes, employees may terminate at any time while observing the notice period. However, a voluntary resignation without valid reason can lead to sanctions from unemployment insurance.
What counts as a valid reason for voluntary resignation after a dispute?
A valid reason can be, for example, bullying, psychological pressure, health strain, or an unreasonable work situation. However, these reasons must be credibly demonstrated to avoid sanctions from the UI.
Is immediate termination possible after a dispute?
Yes, but only if a particularly serious incident occurs that makes the continuation of the employment relationship unreasonable. Otherwise, damage claims or employment law consequences may result.
What if I become ill after a dispute and am then terminated?
During an illness, a blocking period applies for the employer. A termination during this time is void. However, the blocking period only begins when a medical certificate is provided.
Must the employer have a discussion before terminating?
There is no legal obligation to have a discussion. For reasons of fairness and conflict resolution, however, a clarifying conversation is recommended – also to avoid an abusive termination.
Can I be rehired after an abusive termination?
No, the employment relationship ends despite an abusive termination. There is no entitlement to continued employment, only to financial compensation.
