It is extremely important for both employers and employees to know their basic rights and legal obligations including insurance contributions and contributions to unemployment funds, pension funds and similar institutions to which employees and employers contribute proportionately.
▷ Swiss employment lawyers with particular expertise in representing expatriates (“expat”) in matters relating to executive and CEO compensation, relevant provisions of the employment contract relating to salary, superannuation, bonuses, retirement benefits and other incentives and severance pay.
The employment relationship in Switzerland is governed by contractual agreements as well as by labor law regulations.
Employment contract law in Switzerland is primarily regulated by the Code of Obligations (Art. 319 et seq. OR):
In addition, other laws must also be observed with regard to employment relationships, in particular these are:
the Labor Law Act (ArG)
the Equal Opportunities Act (GlG)
the Employment Agency Act (AVG)
These laws regulate all important aspects of an employment relationship. In practice, however, individual agreements that deviate from these provisions are quite common (e.g. longer notice periods or probationary periods, more vacation days) – freedom of contract applies: the working conditions can in principle be freely negotiated. However, this freedom is limited by mandatory legal provisions that guarantee a minimum standard (Art. 361 f. OR, partly also in the ArG). The contractual freedom of employers and employees may also be restricted by collective agreements.