Employment
Employment related matters
In Switzerland, knowing the legal framework governing your employment—whether with a public entity or private employer—is essential. Swiss law aims to balance power dynamics in employment relationships, prioritizing protections for employees. For guidance on your rights or any employment-related queries, contact our team for tailored assistance.
Legal Guidance for Swiss Employment Matters
For employment-related concerns in Switzerland, understanding the applicable legal regime is crucial to safeguard your rights. Whether your contract is with a public entity or a private employer determines the governing laws. Our team offers legal guidance to ensure your rights are protected and to address any issues you may face within your employment relationship.
How can we help you right now?
Legal Expat offers legal consultations open to anyone facing employment law issues. We offer consultations for a competitive flat fee of CHF 300.-. Our fees include a full review of your situation and a meeting in person or by zoom.
Our consultations typically cover the following issues:
- Review of a termination agreement
- Review of a non-compete clause
- Advise on an employment contract before signing it
- Examination of the respect of the swiss legal framework in case of termination
- Review of contractual document
- Negotiation with the employer
In the case of additional assistance, the activity is charged on an hourly rate basis.
The Employment contract
Swiss employment contracts can be written, verbal, or tacit. However, specific agreements—like apprenticeships or mobile sales contracts—must be in writing to be legally valid.
Salary
If unpaid, you may suspend work via registered mail to compel payment. Clearly state your readiness to return once settled to avoid “abandoning” your position. This remains your right even if the employer is not at fault.
Duties of parties
Employment contracts exceed mere work and salary; both parties must also observe additional duties to ensure a respectful, cooperative, and professional working relationship.
Contractual statuory overtime
Swiss law distinguishes between contractual overtime literally based on the contract and statutory overtime based on the law itself.
Taxes & Social Security contributions
What type of taxation applies to your situation? Fiscal rules depend on the type of permit you hold, your salary and the canton where you work.
Vacation & Public Holidays rules
Vacation is one of the employee’s rights. The idea of such a right is to allow the employee to fulfill his/her duty of loyalty towards his/her employer by getting some rest during the year in order to perform quality work
Mobbing & Sexual harassment
The law prohibits workplace sexual harassment, including threats, promises of favors, or coercion. Such conduct creates a hostile environment and is strictly sanctioned under Swiss regulations.
Workplace gender equality
The Swiss Gender Equality Act mandates workplace equality for men and women in both public and private sectors. This law applies exclusively to employee-employer relationships.
Terminaton of employment
Swiss law follows the principle of freedom of termination, allowing either party to unilaterally end an employment contract at any time without providing specific reasons.
Employment disputes
We propose to review your work contracts, termination notices, non-competes and any employment law disputes for a monthly flat fee.
Alexa, Anne and Fionna perparing reviewing a contract for a client.
Frequently asked questions about Employment law in Switzerland
Sole proprietorship (“raison individuelle”) is in practice the simplest way to set up a company in Switzerland. Basically, a sole proprietorship means an individual conducting a business under his own family name and under his full responsibility. There is no legal distinction between the business and the owner.
A limited liability company (Sàrl) is a distinct legal entity in which one or more natural persons or legal entities participate. Each member takes equity in the company by contributing to its capital. In order to successfully create such an entity, the law imposes some specific requirements (art. 772-827 CO).
Corporations are the most common form of limited liability companies in Switzerland. This form is generally used to conduct all types of profit-driven commercial activities. In order to successfully create such an entity, the law imposes some specific requirements (art. 602-760 CO).
Employment contracts in Switzerland ?
- Is it necessary to actually sign a contract ?
- Fixed term vs Indefinite term: what are the implications ?
- Bonus: which rules apply ?
- What does your contract state about your pension fund contributions ?
- What happens in the event of a termination ?
Our in-house team
Your first point of contact for immigration matters in Switzerland
Independent Swiss Attorneys
Legal consultations are concluded directly between the client and the independent attorney. Legal Expat
Switzerland does not provide legal services and does not collect legal fees for legal consultations.
Fiona Scherrer
Attorney-at-Law, Geneva Bar
Family law / Employment law / Tenancy Law
Languages: English, French, German
Matteo Detraz
Attorney-at-Law, Geneva Bar
Inheritance Law / Employment Law / Family Law
Languages: English, French, German
Fabien Gillioz
Attorney-at-Law, Geneva Bar
Start a company in Switzerland / Corporate Law
Languages: English, French
Jean-Yves Haussmann
Attorney-at-Law, Geneva Bar
Start a company / Corporate Law
Languages: English, French
Nicolas Mossaz
Attorney-at-Law, Geneva Bar
Family Law / Employment Law / Inheritance Law
Languages: English, French
Gabriel Raggenbass
Attorney-at-Law, Geneva Bar
Inheritance Law / Tenancy Law
Languages: English, French
more free content on Employments in Switzerland
Browse our free content topics below. Some answers to most of the important and frequently asked questions can be found here.
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Read MoreBook a consultation
Book your legal consultation with immigration specialists or independent Swiss attorneys. Our consultation can be made on Zoom or in Our office in Geneva for a flat fee of CHF 300.-.
