Swiss law does not stipulate a specific form for a contract of employment. In
general, even an oral contract is possible, but a written contract is
recommended. A collective labour agreement may stipulate the need for a written
contract, and a written contract is a legal requirement for certain types of
contract (e.g. apprenticeship contracts or agency-arranged temporary work
contracts).
In the case of a contract of employment concluded for an unlimited term, or for
more than one month, the employer must, within one month of the commencement of
the employment relationship, inform the employee in writing of the main
contractual provisions (names of contracting parties, start date of employment
contract, position of employee, remuneration and any bonuses, and weekly working
hours). This obligation on the employer is particularly important if there is no
written contract of employment.
An employment contract must specify at least the employer’s and employee’s
names, the start date of the contract, the work to be performed and the
remuneration to be paid in return. Other important provisions of a contract are
the probation period, which must not exceed three months, and the period of
notice (see section on ending employment). In addition, employment contracts
must not provide for immoral or illegal tasks.
As with any contract, a contract of employment once concluded can be amended in
its essential provisions only with the agreement of both parties. If an employer
decides to amend an essential provision of a contract of employment (e.g. with a
view to reducing the employee’s pay), the amendment must be submitted to the
employee, who must be allowed an adequate period for consideration. If the
employee fails to object during this period, he or she is deemed to accept the
amendment.
Text last edited on: 04/2008
Source: European Union
© European Communities, 1995-2008
Reproduction is authorised.
|
Share
Print
+