Employment law — Geneva Labour Court (Prud'hommes)

Wrongful dismissal, summary dismissal, unpaid wages, overtime, work certificate, harassment, non-compete clauses — CO arts. 319-362. Procedure before the Geneva Prud'hommes.

Swiss employment law (CO arts. 319-362) is governed by strict procedural deadlines and powerful protective rules. The firm represents employees and, occasionally, employers, before the Geneva Tribunal des Prud’hommes. Procedure up to CHF 30’000 is free of court fees, making the labour court particularly accessible.

Procedural deadlines you cannot miss

  • Contesting a wrongful dismissal : written objection within the notice period (CO art. 336b). Action filed within 180 days from the end of employment.
  • Summary dismissal (CO art. 337) : contestable in fact and in law, no specific deadline before the labour-court action.
  • Wage claims : 5-year prescription (CO art. 128 ch. 3); annual leave claim, same period.
  • Sexual harassment / discrimination under the Gender Equality Act (LEg) : extended protective deadlines.
  • Non-compete clause challenges : typically alongside the underlying contract claim.

A missed deadline closes the file — there is no general extension.

Wrongful dismissal (CO art. 336)

A dismissal is wrongful when given on a protected ground :

  • a personal characteristic of the employee that has no relation to the work or causes a serious occupational disturbance (origin, age, beliefs, family situation, sexual orientation);
  • because the employee exercised a constitutional right;
  • in retaliation for asserting in good faith a claim arising from the employment;
  • when the employer terminates the contract during military service, pregnancy or sick leave (CO art. 336c) — null and void rather than merely wrongful.

The remedy is compensation up to 6 months of salary (CO art. 336a), not reinstatement.

Summary dismissal (CO art. 337)

Either party may terminate the employment “for cause” immediately. The cause must be a serious breach making continuation unbearable. Frequent reasons accepted : theft, gross insubordination, breach of trust, serious harassment.

Unjustified summary dismissal entitles the employee to:

  • the salary they would have earned through the ordinary notice period;
  • an additional compensation up to 6 months’ salary (CO art. 337c al. 3).

The firm builds the file around the operational reality : written warnings, internal communications, witness statements.

Wages, overtime, 13th salary

Wage claims often combine :

  • Unpaid base wage for hours worked.
  • Overtime (CO art. 321c) — must be ordered or accepted by the employer; compensated at 125% or replaced by time-off if a written agreement so provides.
  • 13th salary if foreseen by contract, custom of the firm, or applicable collective agreement.
  • Vacation pay (CO art. 329d) for accrued but unused leave.

For executives with bonus arrangements, the line between contractual bonus (claimable) and discretionary bonus (not claimable) is critical. We analyse it case by case.

Work certificate (CO art. 330a)

Every employee can claim a work certificate that is:

  • truthful — covering the duration, nature of activities, performance and conduct;
  • benevolent — drafted in a way that does not unjustifiably harm future employment.

A certificate too short, too negative or containing unjustifiable reservations can be contested before the Prud’hommes. We obtain rectifications via mediation or judgment.

Harassment and discrimination

Three regimes overlap :

  • Personality protection (CO art. 328) — duty of the employer to protect employees’ personality, including from harassment by other employees.
  • Federal Labour Act (LTr arts. 6 + Ordinance 3 art. 2) — workplace health and safety obligations.
  • Gender Equality Act (LEg) — specific procedures for sex-based discrimination and sexual harassment, including a reversal of the burden of proof in many cases.

Cases involving harassment require careful evidence-building : complaints chronology, medical reports, witness statements, employer’s response (or lack thereof).

Non-competition clauses (CO arts. 340-340c)

A non-compete clause is enforceable only if it is :

  • in writing;
  • limited in time, space and activity to a reasonable extent;
  • justified by the employee’s access to clients or trade secrets;
  • balanced by adequate compensation (in practice) or a manifestly reasonable scope.

Most Swiss non-compete clauses are overbroad and at least partially unenforceable. The firm contests them and obtains judicial reduction or invalidation.

Procedure before the Prud’hommes

  • Conciliation phase (1-3 months) — first step, often resolving the dispute by agreement.
  • Judgment phase (6-12 months) if no agreement is reached.
  • Appeal to the Cour de justice — Chambre des Prud’hommes within 30 days.
  • Appeal to the Federal Tribunal in cases above the value threshold.

Court fees are free up to CHF 30’000 of dispute value; above that threshold, moderate fees apply.

What you receive

  • A pre-litigation analysis of your case within the first consultation.
  • Drafting of the demand letter to the employer.
  • Conciliation request and conciliation hearing.
  • Full judicial representation if conciliation fails.
  • Coordination with social-security claims (unemployment, daily-loss insurance) in parallel.

First consultation CHF 50.

Discuss my employment case