Best Employer Lawyers in Dornach

About Employer Law in Dornach, Switzerland

Employer law in Dornach is governed primarily by Swiss federal law, complemented by cantonal rules from the Canton of Solothurn. Most day to day employment topics are set by the Swiss Code of Obligations, the Federal Labour Act and its ordinances, social insurance statutes, the Federal Act on Data Protection, the Gender Equality Act, and any applicable collective labour agreements. Dornach employers must also observe workplace health and safety rules, cantonal labour inspection requirements, and local procedures for dispute resolution. Employment relationships are typically contract based, with a strong emphasis on written agreements that define role, salary, working time, overtime, vacation, benefits, intellectual property, confidentiality, and termination terms.

Why You May Need a Lawyer

Employers and employees in Dornach often seek legal help to draft or review employment contracts, employee handbooks, bonus and commission plans, and confidentiality or non compete clauses. Lawyers are frequently consulted when hiring or dismissing staff, planning reorganisations or mass layoffs, handling performance or conduct issues, or navigating protected periods during illness, pregnancy, or military service. Legal advice is useful for working time compliance, overtime and on call arrangements, remote work and expense reimbursement, data protection and monitoring policies, workplace investigations, and discrimination or harassment claims. Cross border hiring, work permits, and posted workers also raise legal questions. Disputes about unfair dismissal, reference letters, variable pay, trade secrets, or post termination restrictions are common triggers for legal assistance.

Local Laws Overview

Employment contracts and forms. Swiss law permits oral contracts, but a written contract is strongly recommended. Employers must provide written notice of key terms for indefinite contracts, such as job title, start date, salary and supplements, and weekly working time. Apprenticeship and temporary agency work have special rules. Many industries operate under collective labour agreements that set minimum pay, working time, or notice periods.

Working time and overtime. The Labour Act sets maximum weekly hours for most employees. The general maximum is 45 hours per week for industrial workers and for office, technical, and retail staff, and 50 hours for other workers. Work above the contractually agreed hours is overtime and is usually compensated at 100 percent pay or time off of equal length. Work above the statutory maximum is extra work that generally attracts a 25 percent premium unless compensated with time off, subject to category specific exceptions. Accurate time recording is required, with limited simplified methods for highly autonomous employees if specific conditions are met.

Pay, benefits, and expenses. Switzerland has no nationwide minimum wage, and the Canton of Solothurn has no general cantonal minimum. However, collective labour agreements or standard employment contracts may prescribe minimums. A 13th salary is common but not mandatory unless agreed. Employers must reimburse necessary business expenses. Bonus and variable pay should be clearly defined to avoid disputes about entitlement.

Vacation and public holidays. The legal minimum vacation is 4 weeks per year, and 5 weeks for employees under 20. Public holidays are set by the canton and municipality. The Swiss National Day on 1 August is a nationwide public holiday. Dornach follows the Canton of Solothurn calendar for public holidays, which may influence Sunday work and overtime planning.

Sick pay and insurance. After the probation period, employers must continue salary for a limited time during non fault illness according to cantonal case law scales. Many employers purchase daily sickness allowance insurance to cover this risk. Occupational accident insurance is mandatory, and non occupational accident insurance is mandatory for employees working at least 8 hours per week. Unemployment insurance contributions are statutory.

Family related leave. Maternity leave is 14 weeks at 80 percent of salary up to a statutory cap, funded through income compensation insurance. Paternity leave is 2 weeks at 80 percent. Adoption leave of 2 weeks is available for adopting a child under a prescribed age. Short term care leave for family members is available up to 3 days per case and 10 days per year, and a separate 14 week leave exists for parents of seriously ill children.

Probation and termination. Unless agreed otherwise, the default probation period is 1 month with a 7 day notice. Standard notice periods after probation are 1 month in the first year of service, 2 months from the second to the ninth year, and 3 months thereafter, each to the end of a month. Parties may adjust by written agreement if the periods are equal for both sides and respect statutory minimums. Immediate termination for just cause is possible in serious cases. Termination is unlawful if discriminatory or retaliatory, and special protection applies during pregnancy and maternity leave, during sickness for limited blocking periods, and during military service.

Unfair dismissal and remedies. A dismissal that violates good faith rules or is retaliatory can lead to compensation up to several months of salary, but does not automatically reinstate employment. Employees must object to an abusive dismissal in writing and bring claims within strict deadlines after the end of employment.

Non compete and confidentiality. Post employment non compete clauses must be in writing, limited in duration, geography, and scope, and protect legitimate business interests. Three years is generally the outer limit without special justification. If the employer terminates without justified reason, the non compete may lapse. Confidentiality obligations apply during and after employment.

Equality and anti discrimination. The Gender Equality Act prohibits discrimination based on sex, including pregnancy and equal pay issues. Employers must prevent harassment. Claims may proceed via conciliation and court with simplified procedures for certain amounts.

Data protection and monitoring. The revised Federal Act on Data Protection requires transparency, proportionality, and security when processing employee data. Employers should provide privacy notices, maintain records of processing where required, and carefully assess monitoring measures such as email or GPS tracking for necessity and proportionality.

Workplace health and safety. Employers must ensure a safe and healthy workplace under the Labour Act and accident prevention rules. The cantonal labour inspectorate and SUVA play key roles in oversight and guidance. Risk assessments, ergonomic measures, and training are common compliance steps.

Mass layoffs and business transfers. Collective redundancies trigger consultation duties and notification to the cantonal employment office. On a transfer of business, employment contracts generally transfer to the acquirer by law unless an employee objects. Employers must inform and consult employees or their representatives.

Local institutions and procedure. In Dornach, oversight is coordinated by the Canton of Solothurn authorities, including the cantonal labour inspectorate and the employment office. Employment disputes usually start before a conciliation authority, and labour courts in the canton hear contested cases with simplified procedures for lower value claims.

Frequently Asked Questions

What notice period applies after probation in Dornach

Unless the contract or a collective agreement sets different lawful periods, the statutory notice is 1 month in the first year, 2 months from the second to the ninth year, and 3 months thereafter, each to the end of a month. Written agreements may adjust these if they are the same for both parties and respect minimums.

Can we agree on a longer probation period

Yes, the probation period can be extended by written agreement, typically up to 3 months. During probation, the notice period is 7 days unless otherwise agreed in writing.

Do we have to pay a 13th salary

No, a 13th salary is not mandatory under Swiss law. It is due only if agreed in the contract, a policy, or a collective labour agreement.

How is overtime compensated

Work above contractual hours is generally compensated at normal pay or time off of equal length, unless the contract provides otherwise and within legal limits. Hours above the statutory maximum weekly limit are extra work that usually attracts a 25 percent premium unless compensated with time off, subject to category specific exceptions.

Are there minimum wages in Dornach or Solothurn

There is no general federal or Solothurn cantonal minimum wage. Minimums may apply under a collective labour agreement or a binding standard employment contract in certain sectors.

What protections apply when an employee is ill or pregnant

There are blocking periods during which a notice of termination is ineffective, such as during pregnancy and maternity leave, during military service, and during illness for time periods that increase with service length. Salary continuation during illness is required for a limited time, often insured through a daily sickness allowance policy.

Can we monitor employee email or location

Monitoring is tightly regulated. Any monitoring must be necessary, proportionate, and transparent under data protection rules. Employers should inform employees in advance, define clear purposes, minimize data collection, and implement security and retention limits.

Are non compete clauses enforceable

Yes if they are in writing and reasonably limited in time, geography, and scope, and protect legitimate interests such as client relationships or trade secrets. Overbroad clauses risk being reduced or unenforceable. If the employer terminates without justified reason, the clause may lapse.

How do mass layoffs work

If you plan to dismiss a significant number of employees within a short period, you must consult with employees or their representatives and notify the cantonal employment office. Special timelines and procedures apply, and failure to follow them can trigger sanctions or compensation claims.

Do employees have a right to a reference letter

Yes. At any time, an employee may request a reference letter describing the nature and duration of employment and performance and conduct. On request, a simpler employment confirmation limited to role and dates can be provided.

Additional Resources

State Secretariat for Economic Affairs SECO for federal guidance on employment, working time, collective agreements, and mass layoffs.

Canton of Solothurn Labour Inspectorate for workplace health and safety requirements and inspections.

Canton of Solothurn Employment Office AWA and the Regional Employment Centres RAV for advice on mass layoff notifications and labour market measures.

SUVA Swiss National Accident Insurance Fund for accident prevention guidance and insurance matters.

SVA Solothurn Cantonal Social Insurance Office for employer registration and contributions to AHV IV EO ALV and related schemes.

Canton of Solothurn Migration Office for work and residence permit matters for foreign nationals.

Federal Office for Gender Equality for equal pay and anti discrimination resources.

Solothurn Bar Association for referrals to employment law attorneys in the region.

Next Steps

Clarify your goals and risks. Identify the issue you face such as a termination, contract update, reorganisation, or compliance audit, and the timeline you must meet.

Gather documents. Collect employment contracts, amendments, handbooks, bonus plans, time records, emails or warnings, performance reviews, medical certificates, and any relevant collective labour agreement.

Assess applicable rules. Check whether a collective labour agreement applies, verify working time and leave entitlements, and identify any protected periods or consultation duties.

Stabilise the situation. Pause non urgent steps if there is a risk of unlawful action, preserve evidence, and maintain confidentiality. Consider interim measures such as paid leave or modifying duties in line with legal limits.

Seek tailored legal advice. Contact a lawyer experienced in Swiss and Solothurn labour law to review options, draft compliant documents, and manage communications with employees and authorities.

Implement and document. Use clear written notices and confirmations, follow statutory timelines, and keep accurate records of decisions and consultations to reduce dispute risk.

Review and improve. After resolution, update contracts, policies, data protection notices, and training. Set up routines for time recording, expense reimbursement, and health and safety to maintain compliance in Dornach.

This guide provides general information only. For advice on your specific situation in Dornach, consult a qualified Swiss employment lawyer.