What the Law Says
Labour law in Switzerland is codified in the Collective labor agreements (CTT)specific to certain sectors, as well as the labor law (LTr). The latter is mainly concerned with two aspects of work in Switzerland: health protection, working hours, and rest periods.
Generally speaking, this law applies to all companies, although there are exceptions. CTTs, for their part, also protect workers and regulate, among other things, their working conditions and remuneration.
Together, these laws define the rules surrounding the following points:
Employment Contract
In Switzerland, an employment contract can only be concluded orally if the work period it is for is less than a month. Otherwise, the contract must be drawn up in writing and must include the following information:
- The employee's name
- The employee's position
- The start date of the contract
- The weekly working hours
- The employee's salary
Depending on Swiss labor law, other details may be added, such as the duration of the trial period, which can be between 1 to 3 months. If your contract does not specify a trial period, it should be a month long. You have one week from the start of your trial period to break the contract.
The contract can be terminated at any time, subject to certain conditions. Indeed, your employer cannot terminate the contract if you are off work due to an illness or an accident.
You also cannot be dismissed if you are pregnant, you have recently given birth (up to 14 weeks after the birth) or you are performing military or civilian service.
As with any contract, remember to take your time and read it carefully before signing.
It's harder to negotiate the formalities of a contract after it's been signed, so keep that in mind before you agree to anything. A contract can also be modified at a later date, but not without your agreement.
Salary
As we saw earlier, under Swiss labor law, your contract informs you of the amount you will receive each month. If you have any doubts about the fairness of your remuneration, you will soon be able to consult the salaries applied in your sector using the official government tools.
Your employer must guarantee fair and equal wages and can't pay you less than someone else with the same role because of factors beyond your control (sexual orientation, gender, ethnicity, religion, etc.).
Although some CTTs have for a fixed salary for certain sectors (state jobs, for example), Switzerland has no nationwide minimum wage. Some cantons, however, have established minimum wagewhich sometimes depends on the business sector:
Working Hours
Under Swiss labour law, the maximum working time is in principle 45 hours a week. You may also get from more or less free time depending on the position you hold, if you work nights or weekends for example.
Paid Vacation
The amount of paid vacation a worker is entitled to varies according to your personal situation (your age, seniority, etc.) and the CTT, but is generally between 4 and 5 weeks' leave, 4 weeks being the mandatory minimum.
Absences and Sick Leave
Swiss employment laws accept certain absences for which you will not lose any vacation days:
- Holding a public office
- Pregnancy and maternity
- Accident
- Military service
Generally, the following examples will also be accepted:
- Your wedding (not just any wedding)
- The death of one of your parents
- The birth of one of your children
- Moving
Resignation and Dismissal
If you wish to resign, you must inform your employer, either verbally or in writing, depending on what your employment contract says.
In the case of a written resignation, once your employer has received your letter, your resignation will be effective. It is therefore important to make sure that the letter arrives to its intended recipient by sending a registered letter for example.
According to Swiss labor law, as with an employment contract, certain elements must be mentioned in your letter of resignation, such as :
- The name of employee and employer
- The date of the letter
- Information about your employment contract, such as the date on which it was signed
- The date on which you wish the dismissal to take effect
- Your signature
The form of the dismissal letter will be essentially the same as for a resignation letter, since it must contain the same elements. You can be dismissed without cause, but you cannot be dismissed if you are :
- On sick leave
- On leave following an accident
- On maternity leave
- Pregnant
- Performing military or civilian service
If your employer terminates your contract and you are in one or more of these situations, it will be considered an unfair dismissal and your employer is liable to prosecution.
Your right to unemployment after a breach of contract will depend on your situation. But whether the breach of contract is the employee's or the employer's responsibility, Swiss labor law stipulates that you must receive a written notice of termination. certificate of employment.
Frequently Asked Questions
Where can I find out more about Swiss labor laws?
Check out our other blog posts for more information on all aspects of working life. You can also visit the SECO website (the State Secretariat for Economic Affairs).
What are an employer's obligations?
Among other things, an employer must provide you with a written or verbal employment contract. He must also pay your salary and protect you, by taking out accident insurance for instance.
Who can tell me about employment law in Switzerland?
There are several websites where you can find out more information, but you can also call on the services of a lawyer.
What are some of an employer's inexcusable faults?
Among other things, it is forbidden for an employer to dismiss you unfairly or discriminate against you.
How many weeks of paid vacation am I entitled to?
As an employee, you are entitled to a minimum of 4 weeks' leave.
What is the minimum wage in Switzerland?
In Switzerland, there is no minimum wage set by the Federal government, but some cantons, such as Geneva and Neuchâtel, have set minimum wages at cantonal level.
