Successful eviction of a dismissed domestic worker

In August 2024, an employer succeeded in evicting a dismissed domestic worker from the property in summary proceedings. In November 2024, the eviction was enforced under civil law.

Under the terms of Art. 257(1) of the Code of Civil Procedure (CPC; SR 272), the court grants legal protection in clear cases, subject to certain conditions. This is granted if the facts are undisputed or can be proven immediately ((a)) and the legal situation is clear ((b)). As a rule, the decision is enacted without any negotiation (cf. Art. 256 CPC), the evidence is limited (cf. Art. 2254 CPC), the nature of the proceedings is an “instrument of creditor protection” (dispatch to the Swiss Code of Civil Procedure dated 28 June 2006, para. 5.18, p. 7352).

In this case, the employer dismissed the domestic worker based on employment law – even though accommodation was an integral part of the contract. As a result, the protection against dismissal in favour of the tenant was disregarded in the dismissal. During the legal proceedings, the employer, represented by the König law firm, was able to argue by means of documents belonging to the domestic worker that there was a concordant declaration of intent by the parties concerning the existence of an employment contract. Accordingly, the contract merely required a subjective interpretation and not an objective one. An objective interpretation of the contract would have meant responding to a point of law (judgment of the Swiss Federal Supreme Court 4C.423/2004 of 14 April 2005 E. 1.1) – which should have negated the clear point of law as a prerequisite for legal protection in clear cases as per Art. 257(b) CPC. In November 2024, the eviction of the domestic worker was enforced under civil law.

Kanzlei König can provide you with advice and representation in issues related to contract law.