Selection order for dismissals and layoffs in detail
There is no statutory selection order for dismissals under Swiss law.
In the event of individual or collective dismissal for economic reasons the only applicable restriction when deciding which employees will be affected is to be found in the rules on prohibition of discrimination (e.g. gender, age, race, nationality, religion and origin). Swiss law also prohibits indirect gender discrimination (e.g. if part time workers are chosen to be dismissed and most of them are women, this may constitute indirect gender discrimination). Further, the employer may have a higher duty of care towards long-serving employees aged 55 and over, which could include an obligation to take appropriate measures before terminating their contract (these will depend on the circumstances and must be determined on a case-by-case basis). This increased duty of care may have a practical impact on selection.
Author: Schneider Troillet
Date: July 2019