Swiss Employment Contract Analysis
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Your Swiss employment contract (Arbeitsvertrag / contrat de travail) governs one of the most important relationships in your professional life. Swiss employment law — primarily found in the Swiss Code of Obligations (OR, Art. 319–362) — sets out mandatory protections that cannot be waived to the employee's detriment. Yet many contracts contain clauses that push the boundaries of what's permissible.
Key areas to watch include the probation period (OR Art. 335b), which may not exceed three months, and the notice periods (OR Art. 335c) that apply after probation — one month in the first year, two months from the second to the ninth year, and three months thereafter. Non-compete clauses (OR Art. 340–340c) are only valid if they meet strict conditions: they must be in writing, the employee must have had insight into the client base or trade secrets, and the restriction must be limited in time, geography, and scope.
Overtime rules are another common pitfall. Swiss law caps weekly working hours at 45 hours for industrial and office workers and 50 hours for others (ArG Art. 9). Employees are entitled to at least four weeks of paid holiday per year (five weeks for those under 20), and this minimum cannot be reduced by contract. Any clause waiving overtime compensation or reducing vacation below the legal minimum is void.
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Common Red Flags in Employment Contracts
- Non-compete clause exceeding 3 years, covering too broad a geographic area, or lacking compensation — likely unenforceable under OR Art. 340a
- Vacation entitlement below 4 weeks per year (5 weeks if under 20) — violates OR Art. 329a
- Overtime compensation waived entirely or replaced by an inadequate flat-rate — check OR Art. 321c
- Probation period exceeding 3 months or attempting to extend notice during probation beyond 7 days — void under OR Art. 335b
Key Swiss Laws
- OR Art. 319–362 — Employment contract provisions
- OR Art. 335b — Probation period (max. 3 months)
- OR Art. 335c — Notice periods
- OR Art. 340–340c — Non-compete clauses
- OR Art. 329a — Minimum vacation entitlement
- OR Art. 321c — Overtime compensation
- ArG Art. 9 — Maximum weekly working hours
Frequently Asked Questions
What is the maximum probation period in Switzerland?
Under OR Art. 335b, the probation period may not exceed three months. During probation, either party can terminate the contract with 7 days' notice. Any clause extending probation beyond 3 months is void.
Can my employer include a non-compete clause?
Yes, but only under strict conditions (OR Art. 340–340c). The clause must be in writing, the employee must have had access to clients or trade secrets, and the restriction is limited to a maximum of 3 years. Courts can reduce or void overly broad non-compete clauses.
What are the minimum vacation days in Switzerland?
Swiss law guarantees at least 4 weeks (20 working days) of paid vacation per year. Employees under 20 are entitled to 5 weeks. These minimums cannot be reduced by contract (OR Art. 329a).