Swiss labour law basics for expats: what you need to know
Swiss labour law sits in a middle ground that surprises professionals from both highly protective systems (France, Germany) and liberal ones (US, UK). It is more flexible than French droit du travail (no mandatory justification for most dismissals, no complex procedure for individual layoffs), but more protective than American at-will employment. The key sources of law are the Code of Obligations (CO), the Loi sur le travail (LTr), cantonal regulations, and sector collective agreements (CCT/GAV). This guide covers the rights that matter most in daily professional life.
Switzerland does not have a single Labour Code equivalent to France's Code du travail. Employment is regulated primarily by the Code of Obligations (CO, Articles 319–362), which governs the individual employment contract. The LTr (Loi fédérale sur le travail) governs working conditions (hours, rest periods, night work, protection of pregnant employees). Sector CCTs add mandatory minimum conditions on top. The most important practical implication: Swiss employment protection is contractual rather than legislative: what matters most is what is written in your contract and your sector's CCT.
- Sick leave: employer pays salary for a period defined by the cantonal salary continuation scale (typically 3 weeks in year 1, scaling up to several months with seniority).
- Annual leave: 4 weeks minimum (20 days). Under age 20: 5 weeks minimum.
- Maternity leave: 14 weeks at 80% salary (APG/RHT system). Since 2021: 2 weeks paternity leave at 80%.
- Working hours: 45h/week maximum (offices) under LTr. Most professional contracts: 40–42h.
- Protection against dismissal during illness: employer cannot terminate for absence due to illness (1 month protection in year 1, 2 months in years 2–5, 3 months from year 6+).
- Protection during pregnancy: termination prohibited during pregnancy and 16 weeks post-birth.
Sick leave: what you are entitled to
Swiss law (CO Art. 324a) requires employers to continue paying salary during illness for a "reasonable" period. In practice, the Berne or Basel salary continuation scales ("échelle bernoise" or "échelle bâloise") determine the specific duration: approximately 3 weeks per year of service, capped at several months for long-serving employees. Many employers supplement this through mandatory group daily indemnity insurance (assurance perte de gain collective), which typically provides 80% of salary for 720 days. If your employer has collective illness insurance, the salary continuation from the employer is usually replaced by insurance payments after a short waiting period (typically 3–30 days).
Dismissal: employer rights and your protection
Swiss law does not require substantive justification for most dismissals. An employer can terminate a permanent employee with proper notice and no stated reason: this is fundamentally different from French law. However, dismissal is prohibited during specific protection periods: during illness (1–3 months depending on service), during pregnancy and 16 weeks post-birth, during mandatory military service, and during certain family circumstances. Dismissal during a protection period is "abusive" (abusif) and entitles the employee to additional compensation (up to 6 months salary), but the dismissal itself may still take effect after the protection period ends.
Abusive dismissal (licenciement abusif) is a broader category covering: dismissal motivated by discrimination (religion, gender, union membership), dismissal timed to avoid paying a pension or benefit due to the employee, or dismissal for asserting a legal right in good faith. The burden of proof is on the employee, and the compensation is capped (typically 2–6 months salary). Switzerland does not have reinstatement as a remedy for unfair dismissal: you receive compensation, not your job back.
Working hours and overtime
The LTr sets a maximum of 45 hours per week for office, commercial, and similar employees (50 hours for certain industries). Hours beyond this are legally overtime and must be compensated with 25% premium pay or compensated with time off. However, employment contracts typically classify managers and senior staff as "cadres" or "dirigeants": professionals in this category are exempt from LTr overtime provisions. If your contract includes a "cadre" classification, overtime is absorbed into your base salary. This is legal but worth being aware of when comparing offers.
Collective agreements: knowing your CCT
Check whether your sector has a collective labour agreement (CCT/GAV). CCTs are binding on all employers and employees within their scope, even if you are unaware of them. They typically set minimum salaries, working hours, annual leave entitlements, and overtime rules that exceed CO minimums. Key CCTs relevant to common expat sectors: Construction (LMT), Hospitality (L-GAV), Watchmaking (CPIH), Metalwork (CMR), Temporary Agency Work (CCT Leasing). Tech, finance, and pharmaceutical sectors are largely unregulated by CCT: conditions are determined by individual contracts.
Frequently asked questions
Is it easy to be dismissed in Switzerland?
Easier than in France, harder than in the US. An employer can dismiss with notice and no stated reason outside protection periods. But the notice periods, sick leave protections, and abuse provisions create meaningful hurdles. Mass layoffs (over 10 employees) require notification of cantonal labour authorities and a consultation period.
What is the "Certificat de travail" and is it mandatory?
It is a work certificate that Swiss employers request from all candidates: a document from each former employer confirming employment dates, role, and often a brief performance assessment. Your employer is legally required to provide one upon request, and detailed certificates (with qualitative statements) are strongly preferred by Swiss recruiters.
Can Swiss employers monitor employees' emails and computers?
Monitoring is regulated and requires proportionality. Employers must inform employees of any monitoring systems. Blanket monitoring of all communications is generally prohibited. Targeted monitoring for specific legitimate reasons (misconduct investigation) is permitted with proper procedure. The Federal Data Protection Commissioner (PFPDT) provides guidance on lawful workplace monitoring.