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Working in Switzerland - Amendments of employment contracts

Contents:
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Employment contracts
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.

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