Swiss Employment Contract: Key Clauses to Check

Form

No particular form required (art. 320 para. 1 CO). May be oral, written or tacit. Written form recommended; certain clauses only effective if written (extended probation, non-compete).

Essential Clauses

Work rate and hours: Must specify rate and weekly hours. Maximum: 45 hours (industry/office) or 50 hours (others) - art. 9 EA.

Salary (art. 322 CO): Gross salary. The 13th salary is not mandatory; if contractual, it is owed in full. If labelled "gratification" (art. 322d CO), it may be discretionary unless regular and expected (ATF 131 III 615).

Probation: Legal default one month (art. 335b para. 1 CO). May be extended to three months maximum in writing (art. 335b para. 2 CO). Beyond three months: void.

Overtime: The 25% supplement (art. 321c para. 3 CO) may be contractually waived in writing. "Overtime included in salary" clauses: valid only if salary substantially exceeds minimum and overtime is reasonable (ATF 124 III 469).

Holidays: Minimum four weeks per year (five weeks under 20) - art. 329a para. 1 CO. Cannot be replaced by monetary compensation during employment (art. 329d para. 2 CO).

Non-compete (art. 340 et seq. CO): Must be in writing. Limited in place, time (max ~3 years) and type of business.

Confidentiality: Derives from art. 321a para. 4 CO. May be extended beyond employment.

Risky Clauses

1. "Salary including holidays": valid only if the holiday supplement is clearly identified in payslips (ATF 129 III 493)
2. Training reimbursement: proportionality required
3. "Unlimited overtime included": potentially abusive if salary is not significantly above branch minimum

Mandatory Provisions

Art. 361 CO: provisions that cannot be derogated from in either direction. Art. 362 CO: provisions that can only be modified in the employee's favour.