Best Employer Lawyers in Arlesheim

About Employer Law in Arlesheim, Switzerland

Employer law in Arlesheim is governed mainly by Swiss federal law, with cantonal implementation by Basel-Landschaft authorities. Most core rules sit in the Swiss Code of Obligations for individual employment contracts and the Federal Labour Act for working time, health and safety, and night or Sunday work. Collective bargaining agreements can add sector-specific rules, and social insurance laws set mandatory payroll and insurance obligations.

Arlesheim is part of the Basel-Landschaft canton, an area with many small and medium enterprises, life sciences suppliers, and cross-border commuters from France and Germany. Employers often navigate cross-border tax and social security questions, working time recording, equal pay compliance, and data protection duties. Contracts are relatively flexible by international standards, but there are clear boundaries on termination, protected periods, and employee health and safety.

Why You May Need a Lawyer

Employers seek legal help for many reasons. Typical situations include drafting or modernizing employment contracts and policies, setting up working time and overtime models, handling performance management and dismissals, and managing reorganizations or mass layoffs. Legal guidance is also common for sensitive issues like harassment complaints, discrimination and equal pay reviews, workplace accidents and insurance claims, and long-term illness or reintegration planning.

In the Basel area, many employers also face cross-border permit, tax at source, and social security coordination questions, especially for French or German resident workers. Other frequent triggers for advice include data protection and employee monitoring, non-compete and IP clauses, employee leasing and temporary staffing compliance, collective agreements, and interactions with the cantonal labour inspectorate.

Local Laws Overview

Contracts and basics. Swiss law recognizes written, oral, and implied employment contracts, though written terms are strongly recommended. The probation period is one month by default and can be extended up to three months if agreed in writing. The employer owes a general duty of care and must protect personality rights and health in the workplace.

Notice periods and termination. Unless agreed otherwise in writing or by a collective agreement, the notice period is one month in the first year, two months from year two to nine, and three months from year ten onward, each to the end of a month. Termination for good cause can be immediate if continued employment is not reasonably expected. There are protected periods during which notice cannot be given, including during pregnancy and maternity leave, during military service, and during illness or accident after probation. Abusive dismissal can trigger compensation, typically capped at several months of salary. Settlement agreements are common but should be carefully drafted.

Working time and overtime. The Federal Labour Act sets maximum weekly working time of 45 hours for many white collar and industrial roles and 50 hours for others. Daily rest is normally at least 11 consecutive hours. Sunday and night work generally require authorization and premiums. Overtime beyond contractual hours is governed by the Code of Obligations and is compensated by time off or pay, often with a 25 percent premium if not otherwise agreed. Extra hours that exceed statutory maximums are regulated by the Labour Act and usually carry stricter rules and premiums, with exemptions for certain senior roles.

Vacation and holidays. The statutory minimum vacation is four weeks per year for adults and five weeks for employees under 20. Public holidays are set by the canton. In principle only 1 August is a federal public holiday, and work on cantonal public holidays is treated similarly to Sunday work for authorization and premium purposes.

Family leave. Maternity leave is at least 14 weeks paid via social insurance at 80 percent up to a capped amount. Paternity leave is two weeks, also at 80 percent up to a cap. Adoption leave of two weeks applies in defined cases. Collective agreements or contracts can offer more favorable terms.

Sickness and accidents. Employers must continue salary for a limited period during sickness after probation, with the length depending on years of service and local scales. Many employers buy daily sickness benefits insurance to cover this risk. Accident insurance is mandatory for all employees and covers occupational accidents, with non-occupational accident coverage required for employees working at least eight hours per week.

Equal treatment and harassment. The Gender Equality Act prohibits discrimination and requires equal pay for equal work. Employers must prevent and address sexual harassment and bullying. Reasonable steps include policies, training, and prompt investigation of complaints.

Data protection. Employers must comply with the revised Federal Act on Data Protection, including transparency, proportionality, and security of employee data. Employee monitoring is only permissible if justified and must not be used to monitor behavior directly. Employees have rights to access their personal data.

Collective agreements and participation. Some sectors operate under collective bargaining agreements that can be declared generally binding. The Participation Act provides rules for employee representation in certain situations, including information and consultation rights. Transfers of undertakings follow special rules and typically transfer employment relationships to the buyer with prior information and consultation.

Mass dismissals and restructurings. Collective redundancies trigger consultation with employees or their representatives and notification to the competent cantonal office. Early planning and documentation are essential to reduce legal and reputational risk.

Cross-border and permits. Hiring non-Swiss nationals requires the correct permits under the Foreign Nationals and Integration Act. Cross-border commuters often hold a G permit. Tax at source and social security coordination rules can apply, and misclassification of cross-border arrangements creates material risk.

Wages. There is no general federal minimum wage and no current general cantonal minimum wage in Basel-Landschaft. Collective agreements or individual contracts can set minimums. Wage equality requirements apply and can be audited or reviewed.

Dispute resolution in Basel-Landschaft. Employment disputes usually start with a mandatory conciliation authority before any court action. Many cases settle during conciliation. Authorities and courts expect employers to document decisions, follow internal processes, and respect statutory notice and protected periods.

Frequently Asked Questions

Do I need a written employment contract in Arlesheim

Swiss law allows oral contracts, but a written contract is strongly recommended. Many key terms must be in writing to be enforceable, such as probation longer than one month, non-compete clauses, certain overtime arrangements, and flexible working time models. Written terms reduce ambiguity and litigation risk.

What notice periods apply when ending employment

Unless validly agreed otherwise, the statutory notice is one month in the first year, two months from the second to the ninth year, and three months from the tenth year, each to the end of a month. Longer or shorter periods can be set by written agreement or collective agreement within legal limits. Immediate termination for good cause is possible in serious cases.

Can I give notice while an employee is sick or pregnant

No. After probation, the law protects employees during illness or accident for a defined period based on seniority, during pregnancy, and during military or civil service. Notice given during a protected period is invalid. If notice is given before the protected period begins, the running of the notice period is suspended during the protected time.

How is overtime handled and do I have to pay a premium

Overtime beyond the contract is typically compensated by time off of equal duration or paid, often with a 25 percent premium unless a valid written agreement provides otherwise. Hours that exceed statutory maximums are extra hours under the Labour Act and usually carry mandatory premiums or time off, with exemptions for certain senior positions. Clear policies and reliable time recording are important.

What is the minimum vacation and how do public holidays work

Adults are entitled to at least four weeks of paid vacation per year, while employees under 20 get at least five. Public holidays are set by the canton. Work on cantonal public holidays is restricted and often treated like Sunday work, which requires authorization and premiums unless an exception applies.

Which insurances are mandatory for my employees

Mandatory cover includes accident insurance for occupational risks for all employees and non-occupational accident insurance for employees working at least eight hours per week. Employers also contribute to old age and survivors insurance, disability insurance, unemployment insurance, and occupational pension schemes when thresholds are met. Many employers add daily sickness benefits insurance to cover salary continuation obligations during illness.

Are non-compete clauses enforceable in Switzerland

Yes, within limits. Non-competes must protect a legitimate business interest, be reasonable in duration, geography, and scope, and be agreed in writing. Courts can reduce overly broad clauses. Consider using non-solicitation and confidentiality clauses and providing consideration or garden leave for stronger enforceability in practice.

What should I do if an employee alleges harassment or discrimination

Act promptly. Acknowledge the complaint, ensure confidentiality, and conduct an impartial investigation. Take interim measures if needed to protect the parties. Apply your policy, document all steps, and implement corrective actions. The employer has a duty to prevent and stop harassment and to ensure equal treatment, including equal pay.

Do I have to record working time for all employees

Yes, as a rule. The Labour Act requires employers to record working time. Simplified or waived recording is possible only if strict conditions are met, such as for certain higher earning employees covered by a collective agreement or with a valid individual arrangement that meets legal criteria. Check that any waiver model truly qualifies.

How do cross-border employees affect payroll and compliance in Arlesheim

Cross-border commuters typically need a G permit. You may have tax at source duties and must apply the correct social security rules based on where work is performed and the employee's residence. Remote work across borders can change the analysis. Review permits, tax at source registration, and social security certificates, and keep written records.

Additional Resources

Basel-Landschaft cantonal labour inspectorate for working time, night and Sunday work authorizations, and occupational health and safety queries.

Basel-Landschaft Office for Economy and Labour for employer services, permits, and advice on mass dismissals and short-time work processes.

Cantonal conciliation authority for employment disputes in Basel-Landschaft for mandatory pre-court dispute resolution.

Compensation Office Basel-Landschaft for old age and survivors insurance, disability insurance, and family allowances administration.

Suva and other approved accident insurers for mandatory accident insurance and safety guidance.

State Secretariat for Economic Affairs for federal guidance on the Labour Act, employee leasing, working time recording, and collective agreements.

Regional employers associations and trade associations for sector specific guidance and model documents.

Swiss Data Protection and Information Commissioner for employer data protection obligations and best practices.

Next Steps

Clarify your objectives and gather documents. Collect contracts, policies, time records, payroll slips, performance notes, and any correspondence related to the issue. Create a brief timeline of events and identify the people involved.

Stabilize the situation. Avoid hasty decisions. If there are health or harassment concerns, take interim steps that are proportionate and documented. Preserve evidence and maintain confidentiality.

Seek tailored advice early. Contact a lawyer experienced in Swiss employment law and familiar with Basel-Landschaft practice. Ask for a short assessment of risks and options, including settlement avenues and regulatory notifications if relevant.

Plan and implement. Decide on a strategy, adjust your documents and processes, and communicate carefully. For dismissals or reorganizations, confirm notice periods, protected periods, consultation duties, and documentation. For cross-border matters, verify permits, tax at source, and social security coverage.

Follow up and improve. After resolution, update contracts, handbooks, onboarding, time recording, and training. Consider an equal pay review, data protection housekeeping, and a health and safety check with the labour inspectorate guidance.

This guide provides general information only. For specific situations in Arlesheim and the wider Basel-Landschaft area, obtain advice tailored to your business and workforce.