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Objection to an abusive dismissal, in German (Switzerland)

Switzerland · in German · for employees

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For employees in Switzerland who have been dismissed and consider the dismissal abusive, in German: the written objection under Art. 336b CO. It must reach the employer before the notice period ends, or the compensation of up to six months' wages (Art. 336a CO) is lost. With your reasons if you wish to give them, an offer to keep working and, if you do not have them yet, a request for the written reasons (Art. 335 para. 2 CO). Print, sign and send by registered post.

  • Last updated November 4, 2026
Switzerland
Complaint & Appeal
Deutsch
Employment
Print & sign
1 page

Published byDocMuse

When to use this document

  • Your employer in Switzerland has fired you and you believe the real reason is unfair.
  • The dismissal came soon after you asked for your overtime pay or stood up for your rights at work.
  • Your notice period is running out and you have not yet objected to the dismissal in writing.
  • You want to object to an abusive dismissal in German so that you can claim compensation later.

What you fill in

The details the document asks for.

  • Employee
  • Employee's address
  • Employer
  • Employer's registered address
  • City
  • Date
  • Date of the notice
  • Date the notice of dismissal reached you
  • Date of termination
  • Why you consider the dismissal abusive (optional)
  • Written reasons for the dismissal: already received, or ask for them
  • Deadline

Common questions

Is there a free model letter for the objection, and what must it say?
The Zurich courts offer a free model letter for this objection, in German, at gerichte-zh.ch (Arbeit, Formulare). In substance it is enough to show in writing that you reject the dismissal itself and want the employment to continue; no reasons are needed (judgment 4A_320/2014). Criticising only the reasons given is not an objection. If you refuse an offer from the employer to withdraw the dismissal, the compensation is lost (BGE 134 III 67). This letter says both; your reasons are optional.
By when must an objection to an abusive dismissal in Switzerland reach the employer?
By the end of the notice period at the latest, in writing and with the employer (Art. 336b para. 1 CO). Without a timely objection you lose the compensation, even if the dismissal was abusive. Send the letter by registered post and not in the last few days, or hand it over against a receipt on your copy. Sign it by hand or with a qualified electronic signature; a plain e-mail is not written form.
When is a dismissal abusive in Switzerland, and what does the objection achieve?
Art. 336 CO lists the cases, for instance a dismissal because of a personal characteristic, because you exercised a constitutional right, because you asserted claims in good faith, because of military, civil protection or civilian service, or because of trade-union membership. The dismissal stays valid, but the court can award compensation of up to six months' wages (Art. 336a CO). The objection preserves that claim and gives the parties a chance to agree on continuing.
What happens after the objection, and what does the procedure cost?
If you do not agree on continuing, you must bring the claim for compensation within 180 days after the employment ends, or it is lost (Art. 336b para. 2 CO). A conciliation request is enough (Art. 62 para. 1 CPC), at the employer's seat or where you usually work (Art. 34 CPC). Up to a value of CHF 30'000.00 there are no court costs (Art. 113 and 114 CPC). A dismissal during a protected period, such as illness, is void instead (Art. 336c CO), and a summary dismissal without good cause falls under Art. 337c CO: those are different questions, with their own model letters from the Zurich courts.

How you can sign this document

  • Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
  • Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked

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