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Art. 335 Legge federale del 30 marzo 1911 di complemento del Codice civile svizzero (CO)
CO; Parte seconda: Dei singoli contratti; Titolo decimo: Del contratto di lavoro; Capo primo: Del contratto individuale di lavoro; G. Fine del rapporto di lavoro; II. Rapporto di lavoro di durata indeterminata; 1. Disdetta, in generale
Art. 335 CO
Il rapporto di lavoro di durata indeterminata può essere disdetto da ciascuna delle parti.
La parte che dà la disdetta deve, a richiesta dell’altra, motivarla per scritto.
Decisioni giudiziarie che applicano questa disposizione (301)
JAAC 64.34 (art. 335 ss CO)
Federal Employee Compensation for Post-Termination Work and Illness-Extended Notice Period
Governs the ordinary notice periods for an indeterminate employment contract.
C/27040/2023 · ge (art. 335 al. 1 CO)
Employment Termination Dispute Under Evolved Fixed-Term Contract
Cited in the reasoning to establish the right to terminate an open-ended contract, which underpins the confirmation of the lower court's decision regarding the dismissal.
C/8620/2023 · ge (art. 335 al. 1 CO)
Employee Safety Violations Upheld as Grounds for Dismissal Over Alleged Health Retaliation
This article, concerning the general right to terminate an indefinite employment contract, is cited in the context of determining whether the dismissal was abusive.
C/12514/2022 · ge (art. 335 al. 1 CO)
Employee v. Employer: Wrongful Dismissal and COVID Bonus Dispute
Cited as the general principle allowing either party to terminate an open-ended employment contract.
C/18809/2022 · ge (art. 335 al. 1 CO)
Employee Termination Appeal for Retaliation Upheld
Cited as the general principle regarding the termination of an indefinite employment contract.
LA230011 · zh (Art. 335 Abs. 1 OR)
Employee Termination Date Adjustment and Salary Award
Cited in the reasoning to support the principle of freedom of termination.
C/10675/2022 · ge (art. 335 al. 1 CO)
Employer Performance-Based Termination Upheld Over Wrongful Dismissal Claim
This article on the freedom to terminate an indefinite-term employment contract was cited in the reasoning used to analyze the main ground for the verdict (point 2 of the dispositive).
C/11784/2022 · ge (art. 335 al. 1 CO)
Association v. Employee (Unfair Dismissal and Work Certificate Dispute)
This article was cited in the reasoning to establish the general principle of freedom to terminate an open-ended contract, which is then limited by the concept of abusive dismissal.
C/26882/2018 · ge (art. 335 al. 1 CO)
Employer Appeal on Abusive Termination Based on Unverified Audit Findings
Cited in the reasoning section regarding the principle of freedom of termination, which justifies why the lower court's finding of abusive termination based on motive (rather than manner) was deemed incorrect.
C/2955/2021 · ge (art. 335 al. 1 CO)
Employer v. Former Psychiatrist Employee: Damages and Wrongful Termination Dispute
Cited regarding the principle that a contract of indefinite duration may be terminated by either party.
C/26882/2018 · ge (art. 335 CO)
Employer Appeal on Abusive Dismissal Based on Social Audit Findings
Cited in the reasoning context when discussing the principle of freedom of termination, which the court upheld by rejecting the claim of abusive dismissal based on the manner of termination.
C/14199/2022 · ge (art. 335 al. 1 CO)
Termination Upheld Despite Workplace Conflict; No Proof of Psychological Harassment or Retaliation
Cited in the reasoning to establish the general principle of termination of an indefinite employment contract, which underpins the analysis of abusive termination.
C/27156/2020 · ge (Art. 335 al. 1 CO)
Employment Termination Dispute Over Wages and Work Certificate
Cited in the reasoning section explaining the principle of termination of open-ended employment contracts.
C/11225/2022 · ge (art. 335 al. 1 CO)
Employee Termination Upheld on Performance Grounds
Cited as the general rule on the freedom to terminate an employment contract for an indefinite period.
CACIV.2024.38 · ne (Art. 335 al. 1 CO)
Termination for Lack of Revenue Upheld; Expense Reimbursement Partially Granted
Cited in the reasoning to explain the general principle of ordinary termination of an employment contract.