Employment / Labour Agreements

Do you need support regarding an Employment / Labour Agreement under Swiss Law? Contact Tonia Villiger, specialized Employment Lawyer via Tel. 043 535 00 85 / villiger(at)ad-voca.ch or Internet. We are looking forward to helping you.

 

What should be included in an Employment Agreement in Switzerland?

There are a variety of employment agreement types in Switzerland and each contract needs to be tailored individually. In order to prevent risky inconsistencies and incertainties we draft professional full and part time agreements, topmanagement contracts as weil as employee handbooks including regulations about expenses, flexible working time, use of internet and private devices etc.

Some important clauses in an employment agreement are the following:

  • names and addresses of the parties
  • function | job profile
  • place of work incl. travel destinations if any
  • salary | bonus
  • expenses | allowances
  • company car, if any
  • pensum | working time | flexible working time
  • overtime
  • holidays | bank holidays
  • mandatory and voluntary insurances
  • sick pay
  • fiduciary duties
  • intellectual property if necessary
  • secondary employments
  • termination modalities
  • duties beyond the termination of the employment (secrecy etc.)
  • general provisions such as amendments, governing law
  • enclosures

 

What is the standard notice period in Switzerland? 

The term of notice periods depends on some prerequisites such as the term of the employment etc. After the probation period, employment contracts often provide between 2-3 months. 

 

What are the main problems or issues regarding Employment Agreements?

Apart from issues regarding salary, bonus or sick pay parties to an employment agreement often disagree about the validity of contractual non-compete (non-soliciation) clauses. The validity and enforceability thereof strongly depend on the wordingof the particular clause as weil as other legal requirements such as the written form or thereasons for the termination of the employment. 

As working time is not always easy to define, employers and employees often disagree whether there is overtime to be reimbursed. Under certain circumstances, the compensation of overtime may be (partly) excluded by an employment agreement. 

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