After an interview in Switzerland, if the application is successful, the hiring must be formalized by signing an employment contract, as in any other country in the world. The employment contract in Switzerland is simple, and the labor law allows a lot of freedom in termination or dismissal. However, there are different types of employment contracts.
In Switzerland, an oral agreement between the employer and the employee constitutes an employment contract for all purposes. However, it is advisable to always ask for a written and signed contract before starting a new job. Let us look at the different types of employment contracts in Switzerland.
Part-time contract. When the working time is less than 90% of the full-time working time, a part-time contract is signed. This type of contract is generally more flexible than full-time contracts.
Full-time contract. These are the most common contracts and are usually signed after a probationary period.
Fixed-term contract: this contract has a definite term. At the end of that time, it may be renewed, converted to an indefinite or non-renewed contract.
Indefinite contracts: This contract can be terminated by both the employer and the employee under certain conditions.
For more information on contracts, visit the ch.ch website.
Employment contract in Switzerland – Types
Switzerland offers employers a choice of three types of employment contracts:
- The individual employment contract, which can be temporary or permanent and is agreed directly between the employer and the employee. This is the most common contract in the service and industrial sectors in Switzerland, which is why we will analyze it in detail.
There is no standard model for this individual contract, even an oral agreement can be considered a contract under Swiss law. However, in case of a dispute with your employer, it would be very difficult to enforce your rights if you do not have a written and signed contract. For this reason, it is always better to sign a written contract, which must contain at least the following points:
- names of the contracting parties, (employer and employee)
- date of entry into force of the contract
- type of work performed
- wages received
- working hours
The duration of the probationary period is not fixed by law, but it would be advisable to limit it to three months.
If either party wishes to interrupt the employment relationship, a notice period of at least seven days must be observed.
The employment contract in Switzerland may not provide for moonlighting or immoral work.
If you find any discrepancies between the written contract and what was agreed orally, for example in salary, you must inform your employer in writing and reject the contract. After all, if you sign it, you cannot dispute it later.
You may not accept changes to your contract, for example to your duties, if the employer has not informed you in writing at least one month in advance. You have the right to reject these changes, which must be agreed between the employer and the employee to be legally valid.
- Collective bargaining agreement (CLA), concluded between employers’ associations and employees’ associations.
- Standard Contract of Employment (CTT), which follows the guidelines of the central government or the cantons that regulate labor contracts, especially in agriculture and personal services.
Employment contract in Switzerland, conclusion
Weekly working hours in Switzerland are on average higher than in the rest of Europe. A full-time Swiss employee works an average of 45 hours per week, which can be as high as 50 hours, except for some categories of employees. Any hours worked in excess of the contracted hours are compensated as overtime and are usually paid at 125% of the normal hourly rate.
Holidays in Switzerland are a minimum of four weeks for employees over the age of 20 and five weeks for employees under the age of 20. This minimum period may vary depending on contractual agreements. Holidays can never be paid.
Termination of the employment contract is very simple in Switzerland. You can also terminate the contract orally, unless the contract provides otherwise. In any case, it is advisable to send a letter of termination by registered mail to your employer to avoid disputes. And remember that, as a rule, no severance pay is provided.
For more information about working in Switzerland, see this article: How to work in Switzerland