Labour law
A service offered by the lawyers at Espace Legal avocats & solutions
Tailored Legal Documents
Drafting of Contracts, Agreements, and Internal Regulations
Well-drafted documents are the foundation of healthy and lasting professional relationships. Under Swiss law, while certain agreements may be concluded orally, putting them in writing becomes essential whenever commitments must be clarified, misunderstandings prevented, and the interests of each party protected.
Whether it concerns an employment contract, an agreement, staff regulations, or a specific internal policy, every document must be tailored to the concrete needs of the company while complying with legal requirements (CO, Labour Act, Gender Equality Act, collective labour agreements). Rigorous drafting makes it possible to define without ambiguity key elements such as expected duties, remuneration, working time, termination modalities, confidentiality clauses, non-compete provisions, or teleworking arrangements.
Our firm supports you in drafting, reviewing, and adapting your contractual and internal documents. We ensure that your texts are legally sound and clear for employees, and that they align with the practical realities of your organisation. Our objective is to translate your operational needs into solid and intelligible documents capable of withstanding time and potential litigation.
Dispute management
Unfair Dismissal, Personal Injury, and Compensation
Disputes arising from employment relationships can occur for many reasons, particularly in cases of unfair dismissal or infringements of personality rights. In Switzerland, most employment-related disputes cannot be submitted to arbitration. Conflicts are generally brought before the Labour Court, which handles disputes between employers and employees arising from employment contracts. This procedure enables the parties to bring their case before a judge for an impartial decision consistent with applicable legislation.
Even well-regulated employment relationships can give rise to sensitive disputes, whether involving unfair dismissal, violation of personality rights, or unpaid benefits (salary, bonuses, allowances, overtime). These situations require careful analysis and prompt action to preserve the parties’ rights while limiting the human and economic consequences of the conflict.
We assist you from the very first steps whether contesting or justifying a dismissal, claiming a benefit, or seeking recognition of abusive or discriminatory conduct. Our approach prioritises strategic preparation, negotiated solutions whenever possible, and rigorous representation before the competent judicial authorities when litigation becomes inevitable.
Collective Labour Agreements
Employment Relationships and Parties’ Obligations
In Switzerland, collective labour agreements (CCT) are essential instruments regulating employment relationships. Negotiated between employers’ associations and trade unions, they set binding minimum conditions for the parties concerned, notably concerning salary, working hours, holidays, protection against dismissal, notice periods, and continuing training.
Some CCTs are extended by the Federal Council, making them mandatory for an entire sector, even for non-signatory employers. They therefore help to standardise working conditions and prevent unfair competition based on social undercutting.
It is essential - for both employers and employees - to verify whether a CCT applies to their sector, and to understand its validity and scope. Failure to comply with a CCT may lead to contractual, administrative, or judicial sanctions, or even collective disputes.
We offer reliable and rigorous support for all questions relating to collective labour agreements - from identifying applicable CCTs to ensuring contractual compliance, monitoring obligations, and managing disputes.
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I've left my job as a manager in a service company. A number of clients terminated their contracts with this company to follow me into my own business. Some colleagues from my former team have also spontaneously joined me. My former employer is now accusing me of unfair competition and is seeking compensation. Can they? L,...Out of order but not outlawed!
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Frequently asked questions
In order to shed light on certain frequently asked questions relating to employment law in Switzerland, we have drawn up these Frequently Asked Questions (FAQs). It aims to provide clear answers on key aspects of the employer-employee relationship.