Switzerland (CH)
Switzerland is a landlocked federal republic of 26 cantons at the heart of Europe, bordered by Germany, France, Italy, Austria, and Liechtenstein.
Employment Rights
Sick leave, dismissal protection and red flags in Switzerland.
Swiss employment law is surprisingly liberal compared with neighbouring EU countries. The core framework is the Swiss Code of Obligations (OR / CO — Obligationenrecht / Code des obligations) Articles 319–362, supplemented by the Labour Act (ArG / LTr — Arbeitsgesetz / Loi sur le travail) covering working-time and safety. There is NO national minimum wage. Six cantons have cantonal minimums: Geneva CHF 24.59/hour (Jan 2026 — world's highest); Neuchâtel, Jura, Ticino, Basel-Stadt, and Vaud also have minimums ranging approximately CHF 21–23/hour in 2026. Trade-union density is low (~15%) but several industries have binding collective agreements (GAV / CCT) covering ~1 million workers (construction, retail, hospitality, healthcare). Written contracts are recommended but not legally mandatory for most roles — verbal employment is valid. Common law principle of "good faith" (Treu und Glauben) governs many workplace interactions. Dismissal protection is limited — Switzerland allows employer termination with notice at any time without cause; only "abusive" dismissals (missbräuchliche Kündigung) attract compensation up to 6 months' salary.
Sick leave
Rules: Employee entitled to continued salary payment when unable to work due to illness, accident, pregnancy, or military service (OR Art. 324a). Duration of continued pay is tied to length of service per cantonal "Berner Skala", "Zürcher Skala", or "Basler Skala" (all similar): 3 weeks in first year, 1 month in 2nd year, 2 months in 3rd–4th year, 3 months in 5th–9th year, 4 months after 10+ years. Most employers voluntarily subscribe to Krankentaggeldversicherung (daily-sickness insurance) paying 80% of salary for 720–730 days (2 years), far exceeding the legal minimum — written into the contract or GAV.
Doctor note: A medical certificate (Arztzeugnis / certificat médical) is typically required from the 3rd or 4th day of illness (see contract). Employer may demand one earlier. Must specify inability to work and duration, not diagnosis. For absences over 30 days, detailed certificate and contact with insurer.
Employer pay: Without Krankentaggeldversicherung: employer pays 100% salary per the legal scale (3 weeks in year 1). With Krankentaggeldversicherung: typically 2-day waiting period (Karenzfrist), then 80% of salary for up to 720–730 days. Employee contributes usually 50% of the insurance premium (payroll deduction). After the 720–730-day window, disability insurance (IV/AI) takes over if you remain unable to work.
Long-term: After exhaustion of sick pay + daily benefits: Invalidenversicherung (IV/AI — Swiss disability insurance), Pillar 1 state disability. Full IV pension requires 40%+ reduction in earning capacity; benefits CHF 1,260–2,520/month depending on contribution record. Occupational pension (BVG/LPP) also pays disability benefit (typically 60% of final insured salary). Private Erwerbsunfähigkeitsversicherung covers the remaining gap.
Dismissal protection
Law: Termination without specific cause is allowed — Switzerland's "freedom of termination" (Kündigungsfreiheit). BUT: termination cannot be "abusive" (Missbräuchliche Kündigung / résiliation abusive, OR Art. 336) — i.e., for a worker's race/religion/family circumstances, for asserting legal rights, during pregnancy/military service, or during temporary sickness up to 30/90/180 days (depending on service length). Abusive dismissal entitles worker to up to 6 months' salary compensation — must be claimed in writing within the notice period.
Deadline to sue: Protest abusive dismissal IN WRITING within the notice period (Einsprache / opposition) — failure to do so forfeits the claim. Subsequent court case: file at cantonal labour court (Arbeitsgericht / tribunal des prud'hommes) within 180 days of termination. Free conciliation available in most cantons; labour court fee-waived for claims up to CHF 30,000.
Probation
Default probation period (Probezeit / temps d'essai) is 1 month, may be extended by contract to maximum 3 months. During probation: termination notice is only 7 calendar days, no grounds required (even unhealth-linked, even late-pregnancy). After probation ends, standard notice periods apply.
Notice periods
Probation: 7 calendar days. After probation: 1 month during year 1, 2 months during years 2–9, 3 months from year 10. Collective agreements or individual contracts may extend (common in executive roles, up to 6–12 months). Termination must arrive by the last day of the preceding month to count as that month — e.g., notice received 3 February starts count from 1 March, 2-month notice ends 30 April. Send by registered letter (Einschreiben / recommandé) for proof of receipt.
Working time
Max hours: Federal Labour Act limits: 45 hours/week for office, industrial, retail, technical staff; 50 hours/week for other workers. Daily maximum 9 hours (office/industrial) or 10 hours (other). Weekly minimum rest 35 consecutive hours (typically 24h Sunday + 11h overnight). Overtime above contract hours compensable in time-off (default) or 25% pay premium. Work over the Labour-Act weekly max: 50% time-premium or equivalent rest.
Min rest: Daily rest: 11 consecutive hours between shifts. Weekly rest: 1.5 days (typically the Sunday), 35 hours continuous. Night work (23:00–06:00) needs employer authorisation and 10% time-premium; Sunday and public-holiday work also 50% premium or compensatory rest.
Overtime: Overtime (Überzeit / heures supplémentaires) up to the legal weekly max is usually compensated 1:1 in time off by default; 25% cash premium only if agreed or if time-off impossible. Many Swiss professional contracts include "Überstunden sind im Lohn abgegolten" — fixed salary includes overtime up to ~50h/year — this clause is valid for exempt white-collar workers with base salary above Geneva/ZH market median.
Vacation
Federal minimum: 4 weeks (20 working days) paid annual leave for workers aged 20+, 5 weeks for workers under 20 or over 50 in some cantons. Actual practice: 25 days/year common, 28 days in tech/finance, 30 days in senior roles. Vacation must be granted in principle as a continuous block of 2 weeks. Carrying over: up to 5 years of accumulated leave legally, practically used in the year granted. Public holidays are additional (8–15 depending on canton). Sick leave during vacation extends the vacation by the sick days (with medical certificate).
Anti-discrimination
Swiss Constitution Art. 8 and Gender Equality Act (Gleichstellungsgesetz / Loi sur l'égalité) prohibit discrimination on gender, age, race, religion, disability, sexual orientation. Employment: protections against unequal pay for equal work (mandatory gender-pay-gap reporting for 100+ employee firms since 2020). Pregnancy/maternity discrimination has the strongest protection — 16 weeks of dismissal protection after birth. LGBTQ+ rights: civil partnership 2007, full same-sex marriage since 1 July 2022. Ethnic/religious discrimination in hiring is harder to prove — no strong statutory recourse like in the UK or Germany.
Contract red flags
- !Fixed-term contract (befristeter Vertrag) with early-termination clause without reason — avoid "chained" fixed terms, which can be reclassified as indefinite by court
- !Overtime clause stating "all overtime included in salary" when salary is at or below local market median — this clause is void for non-exempt workers
- !Non-compete clause (Konkurrenzverbot) longer than 3 years, broader than "same business sector", or without reasonable geographic limit — often unenforceable
- !Vacation given "in lump sum" included in salary — illegal, vacation must be taken as actual time off
- !Change-of-terms clauses (Änderungsvorbehalt) allowing employer to unilaterally change place of work, duties, or salary — only narrow operational changes are legal
- !Forfeit of 13th month upon termination (unless resigning in first months) — often not enforceable; 13th month is typically earned pro rata
- !Obligation to pay training costs back if leaving early ("Rückzahlungsklausel") without clear cost cap and declining scale over time
- !Remote-work "offered at employer discretion, can be revoked at any time" — ensure the written terms match verbal promises
- !Confidentiality clause extending beyond reasonable business secrets — overly broad clauses can chill legitimate worker rights
- !Any clause waiving the 30-day dismissal-protest period — invalid, cannot waive protective statutory rights
Employment Rights
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