Labour law

Labour law regulates the relationship between employer and employee.

  • Have you received a letter of dismissal from your employer and would like to contest the dismissal?
  • Are you dissatisfied with your employer's reference?
  • Would you like to have your employment contract checked by an expert before signing it?
  • Is your employer threatening you with a notice of change?
  • Do you intend to terminate the employment relationship by means of a termination agreement?

In the above-mentioned cases, you are in good hands with us. All the lawyers at our law firm have experience and expertise in the field of private employment law as well as public employment law. We act both in an advisory and litigation capacity and can therefore support you from out-of-court settlement efforts through to arbitration and legal proceedings.

Swiss employment law recognizes the following legal sources, which are listed in hierarchical order:

  • Mandatory provisions of the Swiss Code of Obligations (OR), the Labor Act (ArG) and the Gender Equality Act (GIG)
  • Collective labour agreements
  • Operating regulations
  • Individual employment contracts
  • Standard employment contracts
  • Dispositive statutory law
  • Instructions of the employer

An employment contract can be concluded for a fixed term or for an indefinite period. In contrast to an apprenticeship contract, an employment contract is generally valid without any formal requirements. An employment contract can be concluded not only expressly, but also implicitly. An employment relationship is deemed to exist if the employee performs a service on the instructions of and integrated into the organization of the employer, the performance of which can normally only be expected in return for remuneration.

Compared to other European countries, Swiss employment law is very liberal, especially as the principle of freedom of termination applies. An employment relationship can be terminated by either party at any time in compliance with the notice periods. Employer and employee may not be subject to different notice periods. The terminating party only has to justify the termination in writing if this is requested by the other party. Termination without notice is only lawful if the terminating party can no longer reasonably be expected to continue the employment relationship. A strict standard applies with regard to reasonableness.