Working conditions and remuneration are key elements of any employment contract in Switzerland. Employers must comply with legal provisions concerning working conditions and pay. The Swiss Code of Obligations (CO), the Federal Labor Act (LTr), and its ordinances (OLT) provide a clear legal framework. Specific sectors may also have their own regulations through collective labor agreements (CCT). These legal provisions are strict to protect workers.
Working conditions
Working conditions include working hours, breaks, days off, sick leave, and social benefits such as health insurance and pension plans. Employers must provide a safe and healthy working environment. Employees have the right to refuse to work in dangerous conditions. Overall, working conditions in Switzerland are generally good, with significant legal protections for workers.
Working hours and rest periods
Working hours and rest periods are crucial aspects of employment contracts in Switzerland. The maximum working hours range from 45 to 50 hours per week, depending on the industry and circumstances (Art. 9 LTr; Art. 2 OLT 1). Employees are entitled to breaks during their workday for rest and meals. The length of these breaks depends on the scheduled working day as specified in the employment contract. Flexible working hours determine break duration based on the average working day. Employers may establish break regulations, specifying times and locations for breaks. Employees are also entitled to one day of rest per week (Art. 329 para. 1 CO). Breaks are generally unpaid.
Employees may be required to work overtime. Overtime can be compensated with equivalent time off (Art. 321c para. 2 CO) or paid at a rate of at least 25% above the normal wage (Art. 321c para. 3 CO).
Minimum wage and salary Structure
Switzerland does not have a national minimum wage, but some cantons have implemented minimum wages. These minimum wages vary by region. Employers must comply with the minimum wages set by their canton for each worker category. In certain sectors, minimum wages are established in CCTs or national collective labor agreements (CCNT).
Employers must create a salary structure for each employee category based on experience, qualifications, and responsibilities. They must ensure fair remuneration for all employees, free from discrimination. Workers are also entitled to social benefits such as health insurance, accident insurance, pension plans, and unemployment insurance. Employers must contribute to these insurances on behalf of their employees.
Paid leave and public holidays
Workers in Switzerland are entitled to paid leave and public holidays. Employees have a right to a minimum of four weeks of vacation per year and five weeks for those under 20 (Art. 329a para. 1 CO), regardless of employment percentage. Some collective labor agreements provide additional leave. Employers may also grant longer holidays.
Public holidays are regulated in Switzerland. August 1st is the only national holiday, while other public holidays vary by canton, with up to eight additional holidays allowed (Art. 20a LTr). Public holidays falling on weekends cannot be compensated. However, a public holiday does not count as a vacation day.
In case of illness or accident, employees are entitled to paid sick leave. They must inform their employer of their absence as soon as possible and provide a medical certificate. Employers are required to pay wages for a limited period during illness or accident-related absences.
Maternity and paternity leave
Pregnant employees are entitled to 14 weeks of maternity leave (Art. 329f CO), while paternity leave is two weeks (Art. 329g CO). Other leaves include caring for relatives (Art. 329h CO) or caring for a seriously ill child (Art. 329i CO).
Legal advice
In case of disputes regarding working conditions or remuneration, it is advisable to consult a labor law attorney to protect your rights and interests. Defending your rights often involves adhering to specific deadlines and legal requirements.
