What to do if you fall ill during the holidays?
Who hasn’t been there? You look forward to your holidays and then, of all things, you fall ill or have an accident. Holidays are supposed to be a time for relaxation. But what are your legal rights in such a case?
If your employer is in financial difficulties – your rights as an employee
Outstanding wages, bad mood in the company, high staff turnover? When companies get into financial difficulties, employees are often affected too. According to the Federal Statistical Office, over 17,000 bankruptcies were opened in Switzerland in 2024 – a new high. What does this mean for employees? And what rights do you have if you don’t receive your salary or are threatened with insolvency?
Non-compete clause in employment law
A non-competition clause in employment law is a clause that can be found in many employment contracts in Switzerland. It is intended to protect the employer from direct competition from a former employee, for example by poaching customers or using business secrets. But when is such a non-competition clause legally effective and enforceable?
What should and should not be included in a job reference?
Inadequate performance or personal differences in the workplace can lead to dismissal. Nevertheless, even in such cases, the employees concerned are entitled to a fair reference. In this blog, we would like to show you what does and does not belong in a reference.
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.