Almost everyone living in Switzerland will sooner or later come into contact with Swiss employment law – whether it be because they are taking up a position as an employee with a company, or because they are setting up a company themselves and want to employ staff. In both cases, the legal relationships entered into and, in particular, the specific form of the contracts have a far-reaching influence on the question of what claims the person is entitled to – or not.

Swiss employment law is deliberately liberal in nature and reflects the conflicting interests of employees and employers in a balanced way. As long as an arrangement does not violate mandatory law, it is permissible. This means that the specific agreements in the employment contracts and the associated general regulations of employment are of great importance, for example how a bonus clause is formulated. This is because depending on the wording, the bonus may be classified as an unconditionally owed salary component or as a voluntary gratuity. It is often difficult to determine the qualification and the admissibility of certain clauses as a whole, which requires an eye trained in labour law – which makes it all the more important to review employment contracts as early as possible, ideally before the contract is signed. Many employment law disputes can be prevented by setting up the employment contract properly, thus avoiding the risk of unclear wording in contracts leading to disputes later on.

Despite this recommendation, experience shows that many employers and employees only consult a labour law specialist counsel when a conflict situation arises. This usually happens after a notice of termination has been issued, either because the employee has been given notice or because the employer is confronted with claims from an employee. These often involve disputes over accumulated time balances (overtime and extra hours) or holiday balances and how to deal with them, work certificates, garden leaves or – as mentioned above – bonuses. In many cases, the employee also claims that the termination is abusive because the way in which the termination was issued or its motive is to be qualified as unlawful. Before taking legal action, the parties ideally try to reach an out-of-court solution by means of a termination agreement. However, such termination agreements must also fulfil certain requirements in order to be validly concluded. Therefore, a careful examination by an employment lawyer is of great importance.

Our law firm boasts decades of experience and outstanding expertise in the above-mentioned topics, as well as in all other areas of private labour law. All of our attorneys have extensive knowledge of labour law; five of our attorneys and counsels hold the title of ‘Certified Specialist SBA Employment Law’. We always advise our clients objectively, comprehensively and transparently. If out-of-court solutions cannot be found, we represent the interests of our clients resolutely before courts, arbitration tribunals and authorities. Our law firm deliberately represents both employees and employers in order to never lose sight of the position and possible perception of the other side.

If you wish to receive support or have any questions regarding employment law, please do not hesitate to contact us. We work in the following areas, i.e.:

• contractual documents of all kinds (employment contracts, general terms of employment, personnel regulations, employee benefit plans and reward program, etc.)
• non-competition clauses
• wage and bonus claims
• termination of employment (dismissal, release, drafting and revising of termination agreements, etc.)
• restructuring programs and collective redundancies
• data protection
• discrimination in the workplace (mobbing, sexual harassment, etc.)
• internal investigations
• temporary assignments and contract staff
• coordinating with social security systems