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Objection to an abusive dismissal, in Italian (Switzerland)

Switzerland · in Italian · for employees

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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.

  • Last updated November 4, 2026

Published byDocMuse

When to use this document

  • You were given notice in Switzerland right after asking to be paid for overtime.
  • Your employer in Ticino dismissed you after you joined a trade union.
  • You believe the notice is retaliation and want to contest it before the notice period ends.
  • You want to keep your right to compensation and offer to go on working.

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 Italian)
  • Deadline

Common questions

What wording does an objection to an abusive dismissal need in Switzerland?
Little, but the essentials: show in writing that you contest the dismissal itself and want to go on working; 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 no 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.
What is the last moment for an objection to reach a Ticino employer?
The end of the notice period, in writing and with the employer (Art. 336b para. 1 CO): without a timely objection the compensation is lost even if the dismissal was abusive. Post the letter registered in good time, or hand it over against a receipt signed on your copy. It is signed by hand or with a qualified electronic signature, since an ordinary e-mail is not written form. A dismissal during a protected period, for instance of illness, is void instead (Art. 336c CO), and summary dismissal without good cause follows Art. 337c CO.
Who do I go to in Ticino for the compensation once I have objected?
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 (Art. 62 para. 1 CPC), at the employer's seat or where you usually work (Art. 34 CPC). In Ticino the justice of the peace (giudice di pace) conciliates up to CHF 5'000.00, above that the registrar of the district court (Pretura) (art. 2 and 3 of the cantonal act applying the CPC). Up to CHF 30'000.00 there are no court costs (Art. 113 and 114 CPC). The court may award up to six months' wages (Art. 336a CO); the dismissal itself stays valid.

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.

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