Employment contract regulations

‘I have a new job in a company that sent me the employment contract in advance so that I could check it. Now I’ve noticed a few things in the contract that I’ve never seen in previous employment contracts. That’s why I’m wondering what is actually mandatory in an employment contract.’
Flexibility when working from home

According to Art. 10 para. 3 ArG, the maximum daily working time is currently 14 hours including breaks. In addition, a daily rest period of at least eleven consecutive hours must be guaranteed (Art. 15a para. 1 ArG) and working on Sundays is only permitted with authorisation – but this could all change soon.
Claiming the reference letter

If an action is brought for a reference, the employee is free to directly request the specific content of the reference in accordance with a pre-formulated text. This prevents an action for rectification having to be brought later.
Is termination due to poor work performance abusive?

A termination is not abusive if it was given due to unsatisfactory work performance (BGer 4A_131/2023 of June 22, 2023).
When is a termination shortly before retirement abusive?

Under certain circumstances, termination shortly before retirement is abusive, as there may be a special duty of care to the employee in this case.
Termination of the employment contract during the blocking period

Art. 336c para. 1 CO regulates the circumstances under which the employer cannot lawfully dismiss the employee. Here is a brief overview.
“A staff member approached me with allegations of bullying against other staff members. I want to take these allegations seriously. How can I proceed as an employer? What is the legal situation in such a case?”

Bullying in the workplace is becoming more and more common. As this is difficult to prove and the victim bears the burden of proof, it often goes undetected. But what can victims of workplace bullying do about it?
My child is sick. Am I entitled to free days?

Children need their parents – especially when they are sick and need care. But today very often, both parents work and cannot simply stay away from work. What applies if your own child is sick in bed?
Am I entitled to a wage during my holidays, or can the employer integrate my holiday pay directly into my total wage?

The Code of Obligations regulates whether and under what conditions holiday pay can be integrated into the total wage.
Staff leasing: Who is my employer?

Both personnel leasing and private employment agencies are regulated by the Employment Agencies Act (AVG), which is intended to protect jobseekers and leased employees.