Employment Law
Employment law questions can be existential. Whether dismissal, outstanding wages or an employment contract — we clarify your claims and enforce them.
What we do for you.
Dismissal and Dismissal Protection
Advice and representation in ordinary and summary dismissals, including protected periods and abusive dismissal.Employment Contracts
Drafting, reviewing and negotiating employment contracts, staff regulations and termination agreements.Wage Claims
Enforcement of outstanding wages, overtime and bonus claims.Employment References
Review and enforcement of truthful and benevolent employment references (Art. 330a CO).Non-Compete Clauses
Assessment of the validity and enforceability of non-compete clauses (Art. 340 et seq. CO) — for employees and employers.Employment Law for Employees and Employers
The employment relationship is governed by Art. 319 et seq. CO and directly affects both sides: for employees it is often about their economic livelihood, for employers about responsibility, predictability and risk. We advise and represent both sides — employees as well as SMEs and their executives. This dual perspective sharpens our sense of what actually holds up before the conciliation authority and in court.
Dismissal: Notice Periods, Protected Periods, Abuse
After the probationary period, the statutory notice periods range from one to three months, depending on the year of service (Art. 335c CO). During illness, after an accident, during pregnancy and in other situations, protected periods apply: a dismissal given during such a period is void (Art. 336c CO). A dismissal is abusive, among other things, if it is given because of a personal characteristic or because the employee asserted claims under the employment relationship (Art. 336 CO); it remains valid but can trigger compensation of up to six months' salary (Art. 336a CO). In the case of summary dismissal (Art. 337 CO), everything turns on whether there is good cause — and if a summary dismissal is unjustified, the employer owes salary compensation and possibly an additional indemnity (Art. 337c CO). Because short deadlines apply in dismissal law, a prompt review pays off.
Wages, Overtime and Bonuses
We enforce outstanding salary payments, clarify overtime and excess hours claims (Art. 321c CO) and assess whether a bonus is a gratuity or a salary component — a distinction with significant financial consequences.
Employment References
Every employee is entitled to a truthful and benevolent reference (Art. 330a CO). We review the wording, identify inadmissible coded language and enforce corrections — or support employers in drafting legally sound references.
Contracts and Non-Compete Clauses
We draft and review employment contracts, staff regulations and termination agreements. Non-compete clauses deserve particular attention: they are only valid if agreed in writing and appropriately limited in terms of place, time and scope (Art. 340 et seq. CO).
Procedure and Costs
Employment disputes generally begin before the conciliation authority. Up to an amount in dispute of CHF 30,000, no court costs are charged in the proceedings (Art. 114 lit. c CPC) and the simplified procedure applies (Art. 243 CPC). This lowers the threshold for asserting justified claims. We represent you at our offices in Wil SG (Villa India), Zurich, Teufen AR and Gossau SG — and before the conciliation authorities and courts of Eastern Switzerland.
