Labour and Employment Comparative Guide for Switzerland Chapter Selector

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Legal framework

1.1

Are there statutory sources of labour and employment law?

1.2

Is there a contractual system that operates in parallel, or in addition to, the statutory sources?

1.3

Are employment contracts commonly used at all levels? If so, what types of contracts are used and how are they created? Must they be in writing must they include specific information? Are implied clauses allowed?

Employment rights and representations

2.1

What, if any, are the rights to parental leave, at either a national or local level?

2.2

How long does it last and what benefits are given during this time?

2.3

Are trade unions recognised and what rights do they have?

2.4

How are data protection rules applied in the workforce and how does this affect employees’ privacy rights?

2.5

Are contingent worker arrangements specifically regulated?

Employment benefits

3.1

Is there a national minimum wage that must be adhered to?

3.2

Is there an entitlement to payment for overtime?

3.3

Is there an entitlement to annual leave? If so, what is the minimum that employees are entitled to receive?

3.4

Is there a requirement to provide sick leave? If so, what is the minimum that employees are entitled to receive?

3.5

Is there a statutory retirement age? If so, what is it?

Discrimination and harassment

4.1

What actions are classified as unlawfully discriminatory?

4.2

Are there specified groups or classifications entitled to protection?

4.3

What protections are employed against discrimination in the workforce?

4.4

How is a discrimination claim processed?

4.5

What remedies are available?

4.6

What protections and remedies are available against harassment, bullying and retaliation/victimisation?

Dismissals and terminations

5.1

Must a valid reason be given to lawfully terminate an employment contract?

5.2

Is a minimum notice period required?

5.3

What rights do employees have when arguing unfair dismissal?

5.4

What rights, if any, are there to statutory severance pay?

Employment tribunals

6.1

How are employment-related complaints dealt with?

6.2

What are the procedures and timeframes for employment-related tribunals actions?

Trends and predictions

7.1

How would you describe the current employment landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

Tips and traps

8.1

What are your top tips for navigating the employment regime and what potential sticking points would you highlight?

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