Rights and obligations

Employment contracts are normally signed in writing. But an oral contract is also valid.

The rules relating to work can be found in the Code of Obligations. This document sets out the minimum standards (minimum rules) to be respected in employment law.

Thanks to this, even people without a written employment contract have rights, and duties too.

In Switzerland, employees have rights and obligations.

Among the most important are:

• The right to insurance: the employer must register their employees with the social insurance agencies. They must take out accident insurance for them and pay part of the premiums.
• All employees are entitled to a minimum of four weeks of paid holiday (five weeks for young people under the age of 20). This applies even to people who earn an hourly wage or work part-time, depending on their working hours.
• The maximum number of working hours per week is 50. In many professions, it’s 45 hours.
• Employees have the right to receive a written certificate of employment.
• Anyone who falls ill receives their salary for a certain period of time.
• Pregnant women and women who have given birth have special rights.
• Employees must perform the work they have accepted themselves.
• They must perform the work with care and protect the interests of their employer.
• To protect the interests of their employer, employees must maintain confidentiality. They must not pass on confidential information learned in the course of their employment (such as trade or trade secrets) to others. This applies even after the end of the contract, if necessary.
• In employment relationships, the employer must protect and respect the personality of their employees. They must look after their health and moral well-being. In particular, they must take care to protect them against sexual harassment.

Do you have doubts about your rights being respected?

You can contact the Service de l’économie et de l’emploi (Economy and Employment Office) (SEE), a trade union or the Conseil de Prud’hommes (Labour Council).

Swiss law does not set a minimum wage.

But there is one in the Canton of Jura.

In Jura you are not allowed to pay an hourly wage lower than CHF 21.40

Women and men are entitled to the same pay for the same work.

Some collective labour agreements (CLAs) set the minimum wage for work in a sector. Several sectors of work have signed a collective labour agreement (CLA).

The gross salary is the salary specified in the employment contract.

Net salary is the salary left after deducting social insurance contributions.

In the event of termination of an employment contract, employers and employees must comply with the notice periods stipulated in the contract.

Immediate termination without prior warning or notice is not permitted. Except in exceptional cases.

If the employer terminates the contract, it is called dismissal.

It is always possible to receive the reasons for dismissal in writing. To do this, you must ask your employer.

Anyone who is sick, has had an accident, is pregnant or has given birth to a child is specially protected against dismissal.

Unjustified dismissals without valid reasons may be brought before the court.

If the employee terminates the contract themselves, this is called resignation.

Resignation may affect entitlement to unemployment insurance (penalty days). They then receives less unemployment money.