Cross-border worker made redundant

Cross-border worker made redundant

 "I've been working for a company in Geneva for a long time and I live in France. I've just been made redundant and don't think it's justified. Which courts should I go to to have my rights respected? " A, Esery

The question of the place of jurisdiction is one of the first to arise when it comes to determining where legal proceedings should be brought. In principle, unless the law provides otherwise, the place of jurisdiction is the domicile or registered office of the defendant, i.e. the party against whom the action is brought.

If the dispute is of an international nature, for example because one of the parties, like you, is domiciled abroad, it is advisable to check the provisions of the Lugano Convention, to which Switzerland is a party, and the Federal Act on Private International Law.

With regard to jurisdiction over employment contracts, these two legislative texts specify that the courts of the defendant's domicile or the place where the employee habitually carries out his work, or even the last place where this was the case, have jurisdiction to hear actions relating to the said contract. Article 34 of the Swiss Code of Civil Procedure lays down the same rule.

It follows that there are two alternative forums available to you: you can either bring your action in the ordinary forum of your employer's registered office, since in this case you are the plaintiff and he is the defendant, or in the special forum of the place where you habitually carried out your professional activity. As you read it, Geneva will probably be involved in both cases, unless the company that employs you only operates a branch in the canton or you spend most of your professional time away from the end of the lake.

You can take legal action against your employer in Geneva, before the Prud'hommes court, which has exclusive jurisdiction over employment law disputes. It is not, however, in your place of residence that you can take legal action, and it is worth remembering that in Switzerland, just as an employee can decide to change employer, a company can normally dismiss an employee as long as this is not done in an inappropriate or abusive manner, for example for a reason inherent to the employee's personality (in particular race, religion or sexual orientation) or because the employee is exercising or asserting his or her constitutional rights, those arising from his or her contract, or even those relating to trade union activity.

On the other hand, entitlement to unemployment benefit as a result of your redundancy is based on your place of residence, and therefore has no connection with the place where you carried out your profession, or with the registered office of your employer. You will therefore need to contact the relevant office in France.