DocMuse is a private, paid service run by The Muse Technology EOOD (Bulgaria). It is neither a public authority nor a law firm, is not connected with the Confederation, a canton, a commune or any court, and does not give legal advice. Official forms are free from the authority concerned.
Objection to an abusive dismissal (Switzerland)
Switzerland · in English · for employees
CHF 2.00Fill it in online free — pay only to download
12 questions · about 5 min
Made for use in Switzerland
Fill in the form
Your answers stay on this device for 7 days, or until you clear them.
- Instant download after payment
- Backup link emailed to you
- No account needed
For employees in Switzerland who have been given notice and consider it abusive: the written objection (Einsprache) under Art. 336b CO, which 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 continue the employment and, if you do not yet have them, a request for the written reasons (Art. 335 para. 2 CO). Print, sign and send by registered post. Swiss authorities and courts work in their official language — German, French or Italian — so this English version is for dealings between private parties.
- Made for use in Switzerland
- Last updated November 4, 2026
- Document in English
Published byDocMuse
When to use this document
- You were dismissed in Switzerland right after asking to be paid for overtime.
- Your employer gave you notice after you joined a trade union.
- You believe the dismissal is retaliation and want to object before the notice period ends.
- Your employer works in English and you want to keep your right to compensation.
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 for objecting to a Swiss dismissal, and is one in English valid?
- The Zurich courts publish a free model letter, in German, at gerichte-zh.ch (Arbeit, Formulare). Between employer and employee a letter in a language both understand is valid; what matters is that it shows in writing that you contest the dismissal itself and want the job to continue — no reasons are needed (judgment 4A_320/2014). Criticising only the reasons is not an objection, and refusing an offer to withdraw the dismissal loses the compensation (BGE 134 III 67). Swiss authorities and courts work in their official language — German, French or Italian — so this English version is for dealings between private parties.
- What makes a Swiss dismissal abusive, and what can objecting win me?
- Art. 336 CO lists the cases: notice given because of a personal characteristic, because you exercised a constitutional right or asserted claims in good faith, because of military, civil protection or civilian service, or because of trade-union membership, among others. The dismissal stays valid; the court can award compensation of up to six months' wages (Art. 336a CO). The objection, which must reach the employer by the end of the notice period (Art. 336b para. 1 CO), keeps that right and opens a discussion about continuing. A dismissal during a protected period, for instance of illness, is void instead (Art. 336c CO).
- After objecting, where and by when is the compensation claimed in Switzerland?
- Without an agreement, the claim must be brought within 180 days after the employment ends, or it lapses (Art. 336b para. 2 CO). A conciliation request is enough to meet that deadline (Art. 62 para. 1 CPC), filed with the conciliation authority at the employer's seat or where you usually work (Art. 34 CPC); many cantons have free forms for it. Up to CHF 30'000.00 there are no court costs (Art. 113 and 114 CPC). A summary dismissal without good cause follows its own rule (Art. 337c CO).
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
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
Related documents
- Objection to an abusive dismissal, in German (Switzerland)
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.
- Objection to an abusive dismissal, in French (Switzerland)
For employees in French-speaking Switzerland who have been dismissed and consider the dismissal abusive, in French: the written objection under Art. 336b CO, which 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 continue the employment 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.
- Objection to an abusive dismissal, in Italian (Switzerland)
For employees in Switzerland, in Ticino for instance, who have been given notice and consider it abusive, in Italian: the written objection under Art. 336b CO, which 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 continue the employment 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.
- Request for the written reasons for a dismissal (Switzerland)
For employees in Switzerland who have been given notice, ordinary or with immediate effect: the written request that the employer state the reasons in writing (Art. 335 para. 2 CO; for an immediate termination, Art. 337 para. 1 CO), with a deadline for the answer. The request does not accept the dismissal and reserves the objection for abuse, which must reach the employer before the notice period ends. Print, sign and send by registered post. Swiss authorities and courts work in their official language — German, French or Italian — so this English version is for dealings between private parties.
- Request for the written reasons for a dismissal, in Italian (Switzerland)
For employees in Switzerland, in Ticino for instance, who have been given notice, ordinary or with immediate effect, in Italian: the written request that the employer state the reasons in writing (Art. 335 para. 2 CO; for an immediate termination, Art. 337 para. 1 CO), with a deadline for the answer. The request does not accept the dismissal and reserves the objection for abuse, which must reach the employer before the notice period ends. Print, sign and send by registered post.
- Demand for unpaid wages or overtime, in French (Switzerland)
For employees in French-speaking Switzerland whose employer owes them wages, overtime or pay during illness, in French: a written demand for payment listing the amounts, with the total, a deadline and the account. Overtime with the 25% supplement (Art. 321c para. 3 CO), pay during illness on your canton's scale (Art. 324a CO), 5% default interest and a written pay statement (Art. 323b CO). Items you leave blank are dropped. Send it by registered post; the conciliation that may follow is free of court costs up to CHF 30'000.00.