Labour Law: What Do I Need To Regulate In A Contract?
In general, Switzerland guarantees freedom of contract. This means that all contracts can be concluded orally unless the legislator or the legislature stipulates otherwise. There are no special formal requirements for an employment contract, which is why it may be concluded orally. However, it is advisable to draw up the contract in writing to create clarity and avoid disputes.
Furthermore, Switzerland also guaranteed freedom of content. Thus, the contracting parties can decide what they want to include in the contract. The only limits here are immorality, impossibility, or illegality.
It is advisable to regulate at least the following points in a written employment contract:
- Contracting parties
- Start and duration (temporary or permanent)
- Scope
- Place of work
- Remuneration
- Working hours and holidays
- Probationary period
- Notice period
Depending on the employee’s position (internship, management, etc.) or special employment conditions (commercial travellers, working from home), further provisions should be included in the contract. Particular attention must be paid to the legally binding provisions on special individual employment contracts (apprenticeship, commercial travellers’ and homework contracts).
In certain sectors, there are also collective labour agreements (GAV) or standard labour agreements (NAV) whose provisions may not be violated in the employment contract, unless the GAV or NAV provides for this.
Can I Draw Up A Contract Myself?
Numerous templates can be found on the internet: General, long or short versions, contracts tailored to specific positions and so on. When working with such a template, care should be taken to ensure that the contract is according to Swiss law, the source is trustworthy, and the content is up to date.
If there is no provision for a point in the contract, the Code of Obligations applies automatically and without further action. If desired, the provision from the CO can be included in the contract. It is also possible to adjust certain points. However, it is important to always have an up-to-date version of the Code of Obligations at hand. This indicates which provisions of the employment contract are mandatory for both parties (= may not be changed), or whether a provision may be changed in favour of one party (= may be changed unilaterally).
It is advisable to have the contract reviewed by an expert before signing it to see if any gaps need to be filled or if certain provisions are not legally enforceable.
Which Legal Form Do I Need To Hire An Employee?
You may employ staff with any legal form. There is no restriction on this.
