According to the Federal Statistical Office, around 10% of the labour force in Switzerland was employed in the public sector in 2019. If state and state-affiliated companies are included, the estimates for employment in the public sector are between 16% and 23%. Public employment law, which covers the legal aspects of employment in the administration, is therefore of significant importance for the Swiss labour market.

The differences between employment relationships under private law and employment in the public administration are considerable. While the former is established by an employment contract in accordance with the Swiss Code of Obligations, in public employment law, employment is usually by decree of the authorities. Depending on the administrative body – e.g. a federal authority, a cantonal administration or a municipality – this decree is based on very different legal foundations. For example, federal personnel are subject to the Federal Personnel Act, while the personnel law of the respective canton applies to persons employed by a canton. Many municipalities also have their own personnel ordinances, which are primarily applicable. These different legal foundations also have a direct impact on the employment relationship, as the content of the personnel laws or – at municipal level – the personnel ordinances can differ greatly. One example of this is the legal consequences of abusive dismissal: While the vast majority of cantons and municipalities are now following the rules of the Code of Obligations and only provide for a claim to financial compensation, a federal employee can choose whether to demand financial compensation or continuation of the employment relationship based on the provisions of the Federal Personnel Act.

Our law firm has extensive experience in advising and representing employees in the public administration and public institutions and communities of all kinds. We represent employees, cantons, municipalities and various administrative bodies at all levels of public employment law.