“Contracts are no guarantee that people will get along. But they reinforce the goodwill that made them possible.”

What is a mandate?

Under a mandate, a person undertakes business or a service for another person. Typical examples are legal advice or medical treatment. Unlike a contract for work, the focus is generally on diligent performance rather than a specific result. Remuneration is due if agreed or customary.

Clearly define services and remuneration

A mandate may generally also be concluded orally. A written agreement makes it easier to prove the scope of services, fees, expenses and responsibilities. Mandatory statutory rules must still be observed even with individually agreed terms.

Representation and special authorisations

If the mandatary is to act in your name, the mandate and authority to represent you must be aligned. Special authorisation may be required for certain transactions, such as settlements, property transactions or gifts. Scope and limits should be expressly recorded.

Personal performance and termination

A mandate generally must be performed personally; permissible use of assistants or substitutes depends on the agreement and circumstances. A mandate can generally be revoked or terminated at any time. If this occurs at an inopportune time, compensation claims may arise. The consequences of termination must be reviewed for the particular mandate.

What does an employment contract regulate?

Under an employment contract, an employee undertakes to work in the employer's service in return for wages. The role, employment percentage, working hours, remuneration and commencement date are particularly important.

Form and written information

Many employment contracts can be concluded without a specific form. For indefinite employment or employment lasting longer than one month, employers have statutory obligations to provide written information. Special contract types and individual clauses may require additional formalities. A complete written agreement gives both parties clarity.

Salary and bonus

Remuneration follows from the contract and, where relevant, an applicable collective or standard employment contract. Whether a bonus is owed depends on factors including its structure, any discretion and previous payment practice. Describing it as 'voluntary' does not alone determine entitlement.

Contractual overtime and statutory excess hours

Contractual overtime concerns work exceeding agreed or customary hours. It must be distinguished from excess hours under the Labour Act. Time off in lieu, remuneration and supplements depend on the applicable rules and valid agreements. Clear working-time records make it easier to assess potential claims.

Ordinary and abusive termination

For ordinary termination, the notice period and termination date must be observed. Abusive termination may give rise to compensation but generally still ends employment. Anyone wishing to claim such compensation must object in writing in time and observe the subsequent deadline for court proceedings. Have the deadlines checked using the dates of receipt and termination.

Protection against termination and summary dismissal

After probation, statutory protected periods may prevent employer termination or interrupt a running notice period, for example during illness, accident or pregnancy. Summary dismissal requires good cause. Whether these requirements are met depends on the circumstances of the individual case.

What does a lease regulate?

Under a lease, the landlord provides property for use in return for rent. For residential premises, ancillary costs, scope of use, tenancy commencement and termination terms are particularly important alongside rent.

Tenancy commencement and initial rent

A careful condition report is recommended when taking over a home. The previous rent must be disclosed on request; under the statutory conditions, the previous handover report may also be inspected. Whether the initial rent must be disclosed on an official form depends particularly on cantonal requirements. A challenge may be subject to short deadlines.

Defects in rented property

Minor cleaning and repairs may be part of the tenant's minor maintenance obligations. Remedying more extensive defects is generally the landlord's responsibility. Document defects and report them in a verifiable way. Depending on severity and the applicable conditions, rectification, rent reduction, compensation or other rights may be available.

Unilaterally stopping rent payments may have adverse legal consequences. Depositing rent must also comply with statutory requirements. We clarify with you which approach is appropriate in your case.

Rent and adjustments

The lawfulness of rent or an adjustment depends on various factors, which may include cost developments, the reference interest rate and statutory criteria for abusive rent. Not every increase is permissible, and not every change automatically justifies a reduction. Starting rent, reasons and deadlines must be examined together.

Ordinary termination

For residential tenancies, contractual and statutory notice periods and permissible termination dates must be observed. Locally customary dates may be relevant if no other valid arrangement exists. Timely receipt of notice is generally decisive, not the date it is sent. Special formal requirements apply to landlord termination and family homes.

Challenging termination and extending the tenancy

Termination may be challenged under certain conditions. An extension of the tenancy may also be possible if termination causes unjustifiable hardship. For ordinary termination, the application generally must be submitted to the conciliation authority within 30 days of receipt. Have the notice, deadline and possible rights examined promptly.

What is a contract for work?

Under a contract for work, the contractor owes production of a specified work in return for payment. Typical examples include a kitchen, renovation or custom-made item. For planning, software or other mixed services, legal classification may depend on the specific obligations undertaken.

Scope of work and remuneration

A precise specification helps avoid disputes over quality, scope and additional work. For remuneration, distinguish between an agreed fixed price, payment based on time and materials, and an approximate cost estimate. These models have different consequences for additional costs. Changes and variations should be documented clearly before execution.

Exceeding the cost estimate

Significant additional costs must be examined against the contract, their cause and any additional orders. Special rights may exist where an approximate estimate is disproportionately exceeded. Additional rules apply to construction works. Immediate refusal to pay or withdrawal is therefore not always the appropriate response.

Acceptance and defects

Inspect and document the work upon delivery. Applicable inspection, notification and limitation periods depend on factors including the type of work, contract conclusion and applicable law. Depending on the conditions, defects may give rise to rectification, price reduction, rescission or compensation. Unconditional acceptance or an uncoordinated repair may make enforcement harder.

Delayed performance

If work is delayed or an agreed deadline is missed, first examine the timing agreement, responsibility and any additional deadlines. In certain cases, rights may arise before the scheduled delivery date. We help you assess performance, withdrawal and possible compensation claims legally.