Jurilo from Lawise.ai:
The termination of a pregnant employee is specially regulated in Switzerland. The legislator protects expectant mothers and new mothers from losing their jobs during a particularly vulnerable phase of life. In this article, you will learn when termination during pregnancy and maternity is permissible, which protection periods apply, what is considered abusive, and how practice deals with it.
During pregnancy and up to 16 weeks after birth, a statutory protection period applies. A termination during this time is void. After that, it is only permissible under strict conditions.
STATUTORY PROTECTION AGAINST DISMISSAL DURING PREGNANCY
Protection Period According to Art. 336c CO
According to Art. 336c Para. 1 lit. c CO, the employer may not terminate the employment relationship:
during an employee's pregnancy
as well as in the 16 weeks after birth
This so-called protection period begins on the first day of pregnancy and ends 16 weeks after delivery. A termination issued during this time is void – it has no legal effect whatsoever.
Beginning and Proof of Pregnancy
The protection period applies from the first day of pregnancy, even if the employer is not yet aware of it at that time. However, the employee is not obligated to disclose the pregnancy immediately. At the latest upon receipt of the termination notice, she can assert the protection by presenting a medical certificate.
TERMINATION AFTER EXPIRY OF THE PROTECTION PERIOD (MATERNITY)
Termination After 16 Weeks of Maternity
After the expiry of the 16-week protection period, the employer may terminate the employment relationship again – subject to the ordinary notice period. However, a termination immediately after the end of the protection period may under certain circumstances be considered abusive, particularly if it is obviously connected to the maternity.
Abusive Termination According to Art. 336 CO
Even if the termination is formally permissible, it can be abusive if it occurs, for example, because of pregnancy or maternity. In this case, the employee can demand compensation of up to six months' salary (Art. 336a CO).
TERMINATION BY THE EMPLOYEE
Termination During Pregnancy
A pregnant employee may terminate the employment relationship at any time – including during pregnancy or maternity leave. The contractually or legally agreed notice periods apply.
Effects on Unemployment Insurance
If the employee terminates herself, the unemployment insurance examines whether there is a valid reason. Pregnancy or health reasons can be recognized as valid to avoid a sanction (suspension days).
PRACTICAL CASES AND EXAMPLES
Example 1: Termination Before Disclosure of Pregnancy
If an employee is terminated before she discloses her pregnancy, but was already pregnant at the time of termination, the termination is void – provided she proves this (e.g., through a medical certificate).
Example 2: Termination After Maternity Leave
If an employee is terminated directly after the expiry of the 16-week protection period, this may be considered abusive if there is no objective reason. The courts examine the circumstances carefully in such cases.
Example 3: Termination by the Employee
An employee terminates during pregnancy because she feels overwhelmed. In this case, no protection period applies, but the unemployment insurance may examine whether there was a valid reason.
The consequences under unemployment insurance law also depend on who terminates the employment relationship
→ Termination by Employer vs. Employee – Switzerland
CONCLUSION
Protection against dismissal during pregnancy and maternity is clearly regulated in Switzerland. Employers must observe protection periods and may not terminate for discriminatory reasons. Employees, in turn, should know their rights and act promptly in case of conflict. In case of uncertainty, legal advice or contacting the conciliation office is recommended.
👉 Termination during pregnancy?
Jurilo examines termination according to Swiss law – structured, neutral, and legally sound.
👉 See also: Termination during illness – Protection period according to Art. 336c CO
👉 Related: Termination after conflict at the workplace – permissible or abusive?
👉 Basics: Termination by Employer vs. Employee – Rights & Deadlines
Sources
Art. 336c CO
Art. 336 CO
Art. 336a CO
FAQ ON TERMINATION DURING PREGNANCY & MATERNITY
Can I be terminated during pregnancy?
No. During the entire pregnancy and in the 16 weeks after birth, a statutory protection period applies. A termination during this time is void.
Do I have to inform my employer about my pregnancy immediately?
No. There is no legal obligation to disclose immediately. However, at the latest upon receipt of a termination notice, you should prove the pregnancy to assert the protection against dismissal.
What happens if I am terminated before I know about the pregnancy?
If you were already pregnant at the time of termination, the termination is void – even if you did not know it yourself yet. Medical proof is required.
Does the protection against dismissal also apply to fixed-term contracts?
No. The protection period only prevents an ordinary termination. A fixed-term contract ends automatically at the agreed date – even during pregnancy.
Can I terminate myself during pregnancy?
Yes. You may terminate the employment relationship at any time, including during pregnancy or maternity leave. The usual notice periods apply.
What happens with unemployment insurance if I terminate myself?
The unemployment insurance examines whether there is a valid reason for the self-termination. Pregnancy or health strain can be recognized as valid to avoid sanctions.
What if I am terminated after maternity leave?
After the expiry of the 16-week protection period, termination is generally permissible. However, if it occurs without objective reason and in close temporal connection to the maternity, it may be considered abusive.
Can I claim compensation if I am terminated because of pregnancy?
Yes. If the termination is abusive, e.g., occurs because of pregnancy, you can claim compensation of up to six months' salary.
What must I do if I suspect an abusive termination?
You must contest the termination in writing – at the latest by the end of the notice period. After that, you have 180 days to file a claim for compensation.
Does the protection against dismissal also apply during maternity leave?
Yes. The statutory protection period covers the entire pregnancy and the 16 weeks after birth – thus also the maternity leave. During this time, the employer may not terminate.
