Employment / Labour Agreements

Do you need assistance with an Employment / Labour Agreement under Swiss law? Contact T. Villiger, specialized Employment Lawyer via Tel. 043 535 00 85 / villiger(at)ad-voca.ch or Internet. We look forward to helping you.

 

 

What should be included in an Employment Agreement in Switzerland?

There are a variety of types of employment contracts in Switzerland and each contract needs to be individually tailored. In order to avoid risky inconsistencies and uncertainties, we draft professional full-time and part-time contracts, top management contracts as well as employee handbooks, including provisions on expenses, flexible working hours, use of internet and private devices, etc.

Some important clauses in an employment contract are the following

  • Names and addresses of the parties
  • Function | job profile
  • Place of work, including travel destinations, if applicable
  • Salary | Bonus
  • Expenses | Allowances
  • Company car, if any
  • Pensum | Working hours | Flexible working hours
  • Overtime
  • Holidays
  • Compulsory and voluntary insurance
  • Sick pay
  • Intellectual property where applicable
  • Secondary employment
  • Termination arrangements
  • Post-termination obligations (confidentiality, etc.)
  • General provisions such as amendments, applicable law
  • Annexes

 

What is the standard notice period in Switzerland? 

 The length of the notice period depends on a number of factors, such as the length of the employment contract, etc. After the probationary period, employment contracts often provide for 2-3 months' notice.

 

What are the main problems or issues regarding Employment Agreements?


Apart from issues relating to salary, bonus or sick pay, parties to an employment contract often disagree about the validity of contractual non-compete (non-soliciation) clauses. The validity and enforceability of non-competition clauses depends to a large extent on the wording of the clause as well as other legal requirements such as written form or grounds for termination of employment. 

As working time is not always easy to define, employers and employees often disagree as to whether overtime is compensable. Under certain circumstances, the payment of overtime can be (partially) excluded by an employment contract. 

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