Employment Contract in Switzerland: Contents and Rights
The Swiss employment contract governs the rights and obligations of employer and employee. It can be oral or written, but a written contract is strongly recommended. The Code of Obligations (OR) sets the legal framework; no contract may fall below statutory minimums.
Form and Conclusion
Swiss employment contracts are generally form-free – they may be concluded orally or by implied conduct (Art. 320 OR). A written contract is strongly recommended to prevent misunderstandings. Exceptions: fixed-term contracts and apprenticeship contracts must be in writing. Without a written contract, statutory rules (OR) and any applicable GAV apply.
Mandatory and Common Clauses
A complete employment contract should include: parties' names and addresses, employment start date, job description and work location, salary (base, allowances, 13th month), working hours, vacation entitlement, probationary period (duration and notice), notice periods, GAV reference if applicable, data protection and confidentiality. Clauses that fall below statutory minimums (e.g., fewer than 4 weeks' vacation) are void.
Statutory Minimums
The employment contract can never fall below statutory minimums. Key minimums under OR: 4 weeks' vacation (Art. 329a), 1–3 months' notice depending on years of service (Art. 335c), 1-month probation period (modifiable), sick leave wage continuation (Art. 324a). The applicable GAV takes precedence over statutory minimums where it provides better terms.
Contract Changes and Disputes
Contract changes generally require both parties' agreement. Unilateral changes (salary cut, role change) are only possible with termination and a new contract offer. Disputes go to the labour court (Arbeitsgericht / tribunal des prud'hommes). First-instance proceedings are free of charge.
Frequently Asked Questions
Must an employment contract be written in Switzerland?
No, oral contracts are generally valid. But written form is strongly recommended. Fixed-term contracts and apprenticeship contracts must be written.
What if the contract has no vacation clause?
The statutory minimum of 4 weeks (20 working days) per year applies (Art. 329a OR). The applicable GAV may provide higher entitlements.
Can the employer unilaterally cut my salary?
No. A salary cut requires either employee consent or termination of the current contract combined with a new contract offer at the changed terms.