b. Termination without just cause
1 Where the employer dismisses the employee with immediate effect without good cause, the employee is entitled to damages in the amount he would have earned had the employment relationship ended after the required notice period or on expiry of its agreed duration.
2 Such damages are reduced by any amounts that the employee saved as a result of the termination of the employment relationship or that he earned by performing other work or would have earned had he not intentionally foregone such work.
3 The court may order the employer to pay the employee an amount of compensation determined at the court’s discretion taking due account of all circumstances; however, compensation may not exceed the equivalent of six months’ salary for the employee.
1 Amended by No I of the FA of 18 March 1988, in force since 1 Jan. 1989 (AS 1988 1472; BBl 1984 II 551).
b. Insolvabilité de l’employeur
En cas d’insolvabilité de l’employeur, le travailleur peut résilier immédiatement le contrat, si des sûretés ne lui sont pas fournies dans un délai convenable pour garantir ses prétentions contractuelles.
