Employment law
We advise employers on Swiss employment law concerning employment contracts, staff regulations and employment disputes. For wages, working time, absences and termination, we develop legally grounded solutions that consider your operational requirements.
Drafting contracts and staff regulations
Private-law employment is governed particularly by Art. 319 et seq. OR. Depending on the activity, the Labour Act, collective agreements and further requirements must be observed. Contract templates should therefore fit the industry, role and working model.
Duties, workplace, employment percentage, wage components and working time should be clearly regulated. Bonus clauses, overtime remuneration, working from home and non-compete provisions require precise drafting. Staff regulations do not become binding merely by being filed internally.
Employer duties in ongoing operations
Employers must protect employees' personality rights and health, among other duties. Instructions and monitoring must be lawful and proportionate. Employment and data protection limits must be considered when processing personnel data.
Working time, rest periods, holiday and absences should be recorded clearly and organised lawfully. Overtime under the OR and statutory excess hours under the Labour Act do not follow the same rules. Continued wages during illness depend particularly on statutory requirements and any insurance arrangements.
Personnel decisions and departures
Warnings, performance assessments and organisational changes should be documented objectively. For termination, notice periods, protected periods and possible abusive grounds must be examined. Garden leave does not automatically answer every question about wages, holiday and secondary work.
Summary dismissal requires good cause and careful, prompt assessment. Large workforce reductions may trigger collective redundancy rules and, where applicable, a social plan. On departure, references, final accounts, work equipment and confidentiality must be clarified.
Frequently asked questions
Can we exclude payment for overtime in the contract?
Written deviations for overtime under the OR are possible under certain conditions. This does not apply without limits to statutory excess hours under the Labour Act and may be restricted by a collective agreement. Review the specific clause and working-time model together.
Are bonus payments always voluntary?
No. Whether a bonus is wages or a discretionary gratuity depends on its structure and actual handling. The label 'voluntary' alone is not decisive. Repeated payments and objectively agreed criteria may affect legal classification.
May we dismiss employees during illness?
After probation, statutory protected periods may prevent employer termination or interrupt a running notice period. Duration and effect depend on circumstances. Review particularly the year of service, type of absence and timing of termination.
When is summary dismissal permissible?
Only for good cause making continued employment unreasonable. Less serious misconduct may require a prior warning. Unjustified summary dismissal may have significant financial consequences.
Can we agree a post-contractual non-compete clause?
A non-compete clause particularly requires written form and the statutory conditions. It must be reasonably limited by location, time and subject matter. Its validity may depend on access to customers or business secrets and how employment ends.
May we monitor work devices and emails?
Monitoring must pursue a permissible purpose and be proportionate. Personality rights, data protection and Labour Act limits must be observed. Transparent use and monitoring regulations help but do not replace review of the specific monitoring measure.
Complex questions from practice
Which steps must businesses take in time for a planned collective redundancy?
First determine statutory thresholds, the relevant period and the affected establishment. Required consultation must occur early enough for proposals still to be genuinely considered. Notifications to the competent authority and possible social-plan obligations must also be reviewed.
Plan decision-making, communication and documentation together. Splitting dismissals into individual notices does not automatically avoid the rules. Even under commercial time pressure, consultation, dismissal and official steps must be coordinated.
When can a termination agreement effectively regulate dismissal protection and later employment claims?
A sound termination agreement requires a genuine consensual arrangement. Mandatory claims, statutory limits on waivers and free consent must be respected. Reciprocal concessions and financial consequences are important indicators; a merely nominal settlement does not remove all dismissal protection.
The end date, payments, holiday, reference and other open matters should be clearly recorded. Assess the agreement as a whole. A standard full-and-final settlement clause does not replace examination of specific claims and circumstances of conclusion.
What consequences does a business acquisition have for existing employment contracts and employer duties?
A transfer of a business may transfer employment relationships by operation of law unless employees object. Information and consultation duties, liability and collective agreements may be relevant. A share purchase is not automatically a business transfer, since the employer company may remain unchanged.
Clarify the transaction form and affected employment relationships before completion. An overview of contracts, claims and promised benefits helps plan communication and transition. The purchase agreement and employment-law implementation must align.
Which legal issues must businesses consider for cross-border working from home?
Working from home abroad affects more than the workplace. Employment law, social insurance, tax, residence or work permits and data protection may interact. Residence and the number and location of working days are particularly important. Internal approval does not automatically resolve these issues.
Document the agreed model and review the affected countries before starting. Responsibilities for notifications, data security and later changes should be established. Changes to working days or residence may require reassessment.