Employment law - Introduction

According to the principle of freedom of contract, the parties to an employment agreement are free to agree on the content of their agreement to an extent that is substantially larger than in most other European jurisdictions. Swiss employment law only contains some basic compulsory provisions, some of which may only be modified in favor of the employee and others may not be modified at all. Most important are mandatory provisions aiming to protect the safety and the health of the employee. Public law labor protection regulations cover, among other things, working hours and breaks, special protection for young employees, pregnant women and breast-feeding mothers, work-related injury insurance and industrial accident prevention.

By comparison with other countries, Switzerland has few mandatory rules governing the employer/employee relationship, and the legal regime governing the employment relationship in general is more favorable towards the employer than in many other countries. This is partly due to the fact that labor unions have always been less influential in Switzerland compared to, for example, the EU countries, but also to the fact that labor has always been comparatively scarce in Switzerland, with few and brief periods of extended unemployment.

For issues relating to employment law, the provisions of the employment contact should be the first point of reference, taking into consideration the compulsory statory provisions. If the employment contract is silent on a certain issue, then the statutory provisions apply.

Applicable law

Frequently asked questions

Checklist

Useful links

 

This site has been prepared by 

Dr. Martin Ammann, LL.M.
Dr. Reinhard Oertli, LL.M.
Attorneys at law
MEYER LUSTENBERGER
Forchstrasse 452
P.O.Box 1432
8032 Zurich, Switzerland

 
Tel: +41-44-396 91 91
Fax: +41-44-396 91 92
E-mail: martin.ammann@ml-law.ch
 
www.meyerlustenberger.ch
 

Related publication: Swiss Contract Law

May 2006