Swiss employment law, in one page

Swiss employment is governed by the Obligationenrecht (OR) — the Code of Obligations, Articles 319 to 362. It is short, readable, and sets floors rather than ceilings. A contract may improve on the law. It may not go below it.

The contract

A Swiss employment contract does not have to be in writing to be valid. In practice it always is, because several clauses only bind in writing: the probation period if it differs from one month, any notice period other than the statutory one, and any non-compete.

The language matters. A contract in the language of the canton of residence is what an employee will be held to, and what a cantonal court will read first. Anstell issues in German, French or Italian, matched to the canton.

Probation

One month by default. It can be extended to three months in writing, and no further. During probation either side gives seven days notice, and notice may end on any day — not only at a month end.

Working hours

The Arbeitsgesetz caps the working week at 45 hours for office staff and 50 hours for most other roles. Overtime above the contracted hours is paid at 125% or compensated with time off, if the employee agrees in writing.

Holiday

Four weeks a year is the statutory minimum, five weeks for employees under 20. Most Swiss office contracts offer five weeks, which is 25 working days. Anstell defaults new contracts to 25 days.

The 13th salary

The 13. Monatslohn is not required by law. It is so common in Switzerland that its absence is noticed, and it is contractual once agreed. It is not a bonus: it is the annual salary divided into thirteen payments instead of twelve, usually with the thirteenth paid in December.

Sick pay

The OR requires continued salary payment for a period that grows with years of service — three weeks in the first year, longer after. Most employers instead take out Krankentaggeldversicherung (KTG), daily-sickness insurance, which typically pays 80% of salary for up to 720 days. Anstell includes KTG and splits the premium equally with the employee.

What a contract may not do

• Set notice below the statutory floor for the employee only. Notice must be the same on both sides.
• Waive the statutory holiday entitlement, or pay it out instead of granting it, while employment continues.
• Impose a non-compete without a genuine business interest, a geographic limit and a time limit. Three years is the statutory maximum and courts routinely cut it.
• Contract out of AHV, BVG or UVG. Those are mandatory and public.