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Objection to an abusive dismissal, in French (Switzerland)

Switzerland · in French · for employees

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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.

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

Published byDocMuse

When to use this document

  • Your employer in French-speaking Switzerland has ended your contract and the reason looks abusive.
  • You lost your job shortly after joining a union or doing your military service.
  • The end of your notice period is close and the employer has not changed its mind.
  • You need a written objection in French to an abusive dismissal for an employer in Geneva, Vaud or elsewhere in Switzerland.

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 (in French)
  • Deadline

Common questions

What must an objection contain to be valid?
Little, but the essentials: show in writing that you contest the dismissal itself and want the employment to continue; no reasons are required (judgment 4A_320/2014). Criticising only the reasons given, or writing in a way that accepts the end of the job, is not an objection. If the employer then offers to withdraw the dismissal and you refuse, the right to compensation lapses (BGE 134 III 67). This letter says both and leaves your reasons optional.
In French-speaking Switzerland, by when must an objection to an abusive dismissal be in the employer's hands?
By the end of the notice period at the latest, in writing and with the employer (Art. 336b para. 1 CO); without an objection in time the compensation is lost, even if the dismissal was abusive. Send the letter by registered post early enough, or hand it over against a receipt on your copy. It is signed by hand or with a qualified electronic signature: an ordinary e-mail is not written form.
What is an abusive dismissal under the Swiss Code of Obligations, and what does objecting achieve?
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, however, award compensation of up to six months' wages (Art. 336a CO). The objection safeguards that right and opens a discussion about continuing the contract.
After objecting, which court do you go to in Geneva, Vaud or elsewhere in French-speaking Switzerland?
Without an agreement, the claim must be brought within 180 days after the employment ends (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). In Geneva the Tribunal des prud'hommes hears employment disputes; in Vaud the district's tribunal de prud'hommes up to CHF 30'000.00. Up to that amount there are no court costs (Art. 113 and 114 CPC). A dismissal during a protected period is void (Art. 336c CO), and a summary dismissal without good cause falls under Art. 337c CO: those are different questions.

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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