130.1 STVG

CH-OW

Art. 53 State Administration Act (StVG) - Consequences of Unjustified Termination of the Employment Relationship

Civil Service - Employment Relationship - State Personnel

Open official source Full Act (67 Articles) Machine-readable Markdown (.md)

Art. 53 StVG · Consequences of Unjustified Termination of the Employment Relationship

1. If the termination of an employment relationship proves to be unjustified in a judicial challenge procedure, this establishes a claim for compensation, unless a new employment relationship is entered into. There is no claim to continue the previous employment relationship or to enter into a new one.

2. The amount of compensation is determined by the specific circumstances; it amounts to a maximum of six months' salary.

3. In cases of unjustified retirement, bridging pensions or contributions under Article 52 paragraph 2 of this law shall be omitted to the extent of the compensation pursuant to paragraph 2.

4. In the case of unjustified immediate dismissal, there is also a claim for compensation for what employees would have earned if the employment relationship had been terminated with the observance of the notice period or by the expiry of the specified contract period. Employees must account for what they have saved as a result of the termination of the employment relationship and what they have earned or intentionally failed to earn through alternative employment.

← Art. 52 StVG - Section 52 of the Road Traffic Act State Administration Act (StVG) - Scope Art. 54 StVG - Residence →

Court Decisions Applying This Provision (9)

VVGE.1999.00.Nr.35 · ow (Art. 53 Abs. 1 StVG)

Teacher's Termination Upheld Due to Lack of Social Competence

Cited as the legal basis for an claim for compensation in case of unjustified termination of the employment relationship.

VVGE.2001.02.Nr.2 · ow (Art. 53 StVG)

Procedural Unlawfulness in Employment Termination and Compensation Determination

Used to determine the consequences of an unjustified termination of the employment relationship and the claim for compensation.

VVGE.2005.06.Nr.35 · ow (Art. 53 Abs. 1 StVG)

Teacher Termination Upheld Due to Lack of Required Diploma

Cited for the consequences of unjustified termination of an employment relationship, including entitlement to compensation.

VVGE.1999.00.Anhang.I · ow (Art. 53 Abs. 1 StVG)

Cantonal Employment Law Dismissal Procedures and Compensation

Defines that there is no claim to continuation of the employment relationship if termination is deemed unjustified.

VVGE.1999.00.Anhang.I · ow (Art. 53 Abs. 2 StVG)

Cantonal Employment Law Dismissal Procedures and Compensation

Determines the amount of compensation for unjustified termination.

VVGE.1999.00.Anhang · ow (Art. 53 Abs. 1 StVG)

Public Employee Dismissals Under Cantonal Law

Cited as the basis for the non-existence of a claim for continuation of the previous employment relationship in case of unjustified termination.

VVGE.1999.00.Anhang · ow (Art. 53 Abs. 2 StVG)

Public Employee Dismissals Under Cantonal Law

Cited as the basis for the maximum compensation amount in case of unjustified termination.

VVGE.2001.02.Nr.1 · ow (Art. 53 Abs. 1 StVG)

Public Authority Dismissal Lawful, Pension Contributions Not Deductible from Severance

Cited as the basis for compensation claims if a termination of employment is found to be unjustified in a legal challenge.

VVGE.2011.13.Nr.22 · ow (Art. 53 Abs. 1 StVG)

Termination Voided Due to Inopportune Timing During Protected Incapacity Periods

Cited to clarify that even if a termination is found to be unjustified, there is generally no claim for continuation of the employment relationship.