Even if this is customary and advantageous, the employment contract does not necessarily have to be drawn up in writing in accordance with Art. 320 para. 1 CO if the law does not expressly provide for this. Verbal form is sufficient, unless it is an apprenticeship contract or a contract with short-term employees.
In principle, a written employment contract initially contains the rights and obligations of both the employee and the employer in accordance with the provisions of Art. 319 et seq. OR. In concrete terms, this means that the employee must deliver the expected work and the employer must pay an appropriate salary and social security contributions or grant paid holidays. Matters that are not explicitly mentioned in the contract are usually regulated by the Code of Obligations or, if there is one, by a collective labour agreement (CLA).
A written employment contract must contain general information such as the names and addresses of the employer and the employee, as well as the salary and weekly working hours. The date on which the employment relationship begins and the employee’s function must also always be recorded. In the case of fixed-term employment contracts, the end of the contract must also be clearly noted. As a general rule, agreements that deviate from the law must be recorded in the written employment contract. For example, if the payment of overtime is to be waived or the notice period is not to correspond to the statutory period.
The salary can be freely agreed unless there is a CLA that provides for a minimum wage. The right to a 13th month’s salary is not enshrined in law, which is why any provision can be included voluntarily in the employment contract.
Of course, both parties must sign an employment contract if it is concluded in writing.
If you have any questions in the area of employment law, our lawyers will be happy to assist you.