Art. 10 GEA from 2020
Art. 10 Protection against dismissal
1 The termination of employment by an employer may be challenged if it takes place without good cause following a complaint of discrimination by the employee to a superior or the initiation of proceedings before a conciliation board or a court by the employee.
2 Protection against dismissal applies for the duration of any complaints procedure at the place of work, and of any conciliation or court proceedings, and for six months thereafter.
3 The dismissal must be challenged in court before the expiry of the period of notice of termination. The court may order the temporary reinstatement of the employee for the duration of the proceedings if it appears likely that the requirements for overturning the dismissal are well founded.
4 The employee may opt not to continue in employment for the duration of the proceedings and may instead claim compensation in accordance with Article 336a of the Code of Obligations (1) .
5 This Article applies by analogy to dismissals that result from a complaint filed by an organisation in terms of Article 7.
(1) SR 220Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
