A noneea national, except in the cases listed below, requires an employment permit to take up employment. The following overview of swiss employment law, revised and updated as per january 2017, is confined to the statutory private and public law governing private employment relationships. The swiss way of handling hr issues may differ substantially from what is known and acceptable in a common law environment. This article is the second in a series which provides an introduction to the key elements of employment law in switzerland. Pt 4 swiss law vs english law on contract interpretation 471.
Dos and donts the challenges for international hr professionals to comply with local laws and regulations steadily increase. Anything not expressly set out in the contract is, as a general rule, regulated by the swiss code of obligations or by a collective bargaining agreement cba, if applicable. Civil law operates in areas such as family relations, property, succession, contract, and criminal law, while statutes and principles of common law origin are evident in such areas as constitutional law, procedure, corporations law, taxation. In particular, the civil standardization is distributed to a variety of laws. The labor and employment law fields are constantly evolving. An international guide to employment law across 28. We ensure your employment is compli ant so you can enjoy the protection of swiss employment law while benefiting from the advantages of contract work. Assistance with t ermination of employment contracts with regard to employment contracts, one sphere where employers often encounter difficulties is. Acknowledgement deloitte wishes to express its sincere thanks to. Studies, reports and evaluations conducted by the federal administration. What needs to be taken into account for oldage pension and oasi ahv, and how the 3rd pillar works. Geneva, switzerland employment lawyers and law firms. Swiss employment law, however, does contain some basic mandatory provisions.
Transforming the swiss economy the impact of automation. There are some additional provisions for specific types of employees, e. Access to studies carried out by the confederation with external experts. Swiss hr academy certificate swiss employment law dos and donts admission at least three years of specialist, management or project experience. Under swiss law, an employment contract is a contract whereby the employee is obliged to perform work in the employers service for either a fixed or an indefinite.
Employment law governs the rights and duties between employers and workers. Xperthrs authoritative and reliable country and territory hr and employment law guides biweekly editors choice newsletter help hr professionals with responsibilities for staff outside of the united states navigate the challenges of being a global employer. Party seeking to rely on subjective interpretation which diverges from normative interpretation has burden of proof. However, if swiss law is used as governing law, it is highly unlikely that a court in the u. An introduction to swiss employment law pdf document written by a zurich law firm which explains in clear english the rights of employee and employer in switzerland federal office for migration official site providing information on permits and more. It is therefore one of the countrys largest employers. Swisscom has 18,372 fulltime equivalent employees in switzerland.
An international guide to employment law across 28 countries. However, the swiss parliament enacted a new law on employee participation governing any kind of equitybased incentives to employees which will enter into. The employment contract contains essential information such as the names and addresses of the employer and employee, the position, the salary and the weekly working hours. In general, foreigners are employed under the same working conditions as swiss citizens. Our experienced employment practices in the uk, the middle east and across asia pacific have a long track record of advising both local and international businesses on employment issues, employee benefits and immigration law. Case law interprets and clarifies statutory provisions. It is intended to give foreign hr and legal professionals a first overview of swiss. The federal council, parliament, political parties and commissions use the media centre to address the media and by extension the. Civil law operates in areas such as family relations, property, succession, contract, and criminal law, while statutes and principles of common law origin are evident in such areas as constitutional law, procedure, corporations law, taxation, insurance, labour relations, banking and currency. Among the notable changes to earlier swiss criminal law was the abolition of capital punishment in switzerland and the legalization of homosexual acts between adults until 1990, the age of consent for homosexual acts remained set at 20 years, compared to 16 years for heterosexual acts. When you are employed by eth zurich, an individual employment contract is drawn up and signed by you the employee and us human resources.
Employment law at a glance an alliance of employers counsel worldwide. This employment contract sets out the details of your employment, such as your function, the start and end of your employment, your workload, your salary, information on insurance, and the rights and obligations of the employee and employer. It is intended to give foreign hr and legal professionals a first overview of swiss employment law. This booklet is only a brief overview of english employment. There is a hierarchy of political levels which reflects the legal and constitutional character of switzerland. Pursuant to swiss employment law, employers are generally prohibited from discriminating against employees based upon an employees personality trait which has been interpreted to include. Cantonal legislation switzerland is comprised of 26 cantons covers limited employment law issues. An employee can commence a legal action in a swiss court of proper jurisdiction against an employer alleging discrimination or harassment based upon both statutory law and the employees employment contract and seek an order prohibiting further discrimination, compensatory and emotional distress damages andor a declaratory judgment. Examples of contracts of employment swiss employment law. May 23, 2017 compared with other jurisdictions, swiss employment law is employerfriendly there is a limit to the number of noneu and nonefta nationals who are permitted to work as managementlevel employees. The legal terms and conditions of employment in switzerland are based on the swiss code of obligations. Swisscom has 18,965 fulltime equivalent employees in switzerland.
While the fundamental principle of contractual freedom is predominant, it is still important to understand the statutory minimal standard and the social protection mechanisms provided by swiss law. Transforming the swiss economy the impact of automation on employment and industries 1 transforming the swiss economy the impact of automation on employment and industries. Swiss law does not mandate a written work contract. For information about the employment law you can rely on our lawyers in switzerland. The swiss labor law covers all standards governing the employment of some kind. This usually means that salaries, fringe benefits and working conditions are among the best in the world. Transforming the swiss economy the impact of automation on. Switzerland does not impose one type of employment contract, it can be written or verbal, but it is usually used the written form of it. The regulation of the employment by private employers is largely harmonized at the federal level, while publicsector employment still prevails a variety of cantonal laws. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. How are absences from work, minimum wage, references and. The swiss employment law shows its liberal character by proposing numerous legal dispositions that are not mandatory and therefore give the parties to the contract the freedom to resort to other solutions. Swiss employment law does not distinguish between different types of workers, i. English is not an official language of the swiss confederation.
The swiss legal system is mostly based on statutory law. Antidiscrimination law in switzerland march 20 1 statement of purpose the purpose of this memorandum is to provide an overview of the structure and content of antidiscrimination laws in switzerland. Workers in the uk are legally entitled to be paid the national minimum wage per hour for the work that they do. Although swiss employment law is rather liberal in character when compared to employment laws of other nations, there are some limitations on the employer and requirements that each employer doing business in switzerland should be aware of. The iccs statistics show that, in the cases submitted to icc arbitration, 15. Provisions of the code of obligations co relating to minimum wage, references, termination of employment or inability to work. Also referred to as labor law, these rules are primarily designed to keep workers safe and make sure they are treated fairly, although laws are in place to protect employers interests as well. Civil law, in particular the swiss code of obligations co. Overview of swiss employment law publication cms switzerland. Employment matters are mainly regulated at a federal level, by the federal constitution, federal laws and federal ordinances. As one of the foremost swiss employment law specialists, we also advise our clients on social security and employeebenefit programmes. Swiss employment law is known as being more liberal than other adjacent jurisdictions. We would be pleased to help you with specialist legal advice for specific circumstances.
Swiss labor law specifies the rights and obligations of employees and employers alike. If yes, describe the requirements of that procedure or procedures. Under swiss law, an employment contract is a contract whereby the employee is obliged to perform work in the employers service for either a. Nov 29, 2017 the swiss company may want to use swiss law for the employment contract. As an example, the tax rate for bitcoins determined on december 31, 2017, by the swiss federal tax administration was chf,784. Two types of termination of employment relationships are envisaged under swiss law. Employment law in switzerland is mainly based upon the following sources, set out in order of priority in the event of a conflict. Nevertheless, it must be justified in writing at the request of the other party art. Find best lawyers for labor and employment law in switzerland or filter down to a specific location by using the navigational links.
Best lawyers for labor and employment law in switzerland. The swiss federal tax administration provides tax rates for other cryptocurrencies in addition to bitcoins. An international guide to employment law across 28 countries introduction 1 europe highlights 2. Switzerlands legal system is a mixture of roman civil law and angloamerican common law systems. The extraordinary termination swiss employment law. Led by a swiss qualified attorney, this course will. It contains consid erably fewer provisions than the legislations in the eu. In such cases the employer can give notice to terminate the contract only after a period of protection as fixed in art. Swiss employment law 27082014 this fundamental distinction affects, inter alia, the body of law applicable to employment relationships in that there is a different legal basis for employment relationships of government personnel and those of private employees. According to the principle of freedom of contract, the partiesof an employment agreement are free to agree on the content and terms of their agreement to an extent that is substantiallygreater than in most other european jurisdictions.
Diritto federale consist of the following parts international law, internal law, according to the current federal constitution sr 101 art. This guide to law online switzerland contains a selection of swiss legal, juridical, and governmental sources accessible through the internet. In the absence of a written contract, however, an labour tribunal that has to make a ruling will consider the provisions of the law swiss code of obligations co section two. While the fundamental principle of contractual freedom is predominant, it standard and the social protection mechanisms provided by swiss law. Anyone know swiss employment law english forum switzerland. Public law, in particular the federal labour act and the relevant four implementing regulations, regulating work conditions. Things to bear in mind if your employment contract is terminated and different types of employment contract and collective employment agreements. Employment expat in switzerland site for english speakers. Employment law explained 3 employment of foreign nationals foreign nationals working legally in ireland are entitled to the full range of statutory employment rights and protections in exactly the same manner as an irish worker.
Dates please check the homepage for the current dates. Nevertheless, in order for the termination to be e. Since workplaces often change faster than the laws that govern them, attorneys must regularly rethink how these fields should. Transforming the swiss economy the impact of automation on employment and industries 4 since the beginning of the first industrial revolution, technological innovation from. Swiss employment law information on employment law and. Compared with other jurisdictions, swiss employment law is employerfriendly there is a limit to the number of noneu and nonefta nationals who. Normative objective interpretation is predominant under swiss law both legally and practically. Where one or more public holidays with the employment law status of a. Employment contracts are mostly terminated at the initiative of one of the parties. In switzerland as under german law the contract of sale does not transfer property as an agreement to sell does not but obliges the seller to.
Life is too short to work for a horrible manager, so start looking elsewhere and make sure you have legal insurance in case the employer doesnt stick to the. Swiss employment law is employerfriendly there is a limit to the number of noneu and nonefta. In practice, subjective interpretation is exception rather than the rule. Swiss employment laws it is my understanding that the protection period means that you cannot be fired while off sick in a continuous period, until the stipulated period has expired, as oppose to being about total time off sick, which may be how people read the above post.
Employment relationship 9 benefits 15 duties 38 breach of professional duties 41 final provisions 43 appendices 47 swiss federal personnel law fpl general provisions 54 commencement and termination of employment 58 rights and obligations resulting from the employment relationship 60 data processing 64 measures of benefit to personnel 70. There is a distinction between the private labor law which empowers the provisions of the employment contract and the public labor law that imposes some minimal standards for work protection. Accurity is fully licensed by the swiss department of employment seco to act as your swiss employer and lease you to the swiss client. An extraordinary notice of termination is an unilateral declaration of intent to terminate a contract of employment of indeterminate duration without observing the prescribed time period of notice and associated due dates andor to terminate a contract of employment of determinate duration before the expiry of the fixed duration of the contract. Anyone know swiss employment law sorry to see you in this situation, but in switzerland the employer can fire you without giving you any reasons, so they have the upper hand. Provisions of the code of obligations co relating to minimum wage, references, termination of employment or inability to work due to accident, illness or pregnancy. Introduction the swiss confederation consists of twentysix cantons, which are further. This overview of swiss employment law, revised and updated as per august 2014, is confined to the statutory private and public law governing private employment relationships.