Best Employer Lawyers in Wohlen

About Employer Law in Wohlen, Switzerland

Employment relationships in Wohlen are governed primarily by Swiss federal law, with local administration and enforcement carried out by cantonal and municipal authorities. The Swiss Code of Obligations sets out fundamental rules on employment contracts, notice periods, wages and termination. Public-law aspects such as working hours, health and safety and social insurance are regulated by federal statutes and implemented by the Canton of Aargau and the municipality of Wohlen. Local practice - for example administrative contacts, conciliation authorities and certain procedural steps - is handled at cantonal or municipal level.

Why You May Need a Lawyer

People seek legal help in employer-employee matters for many reasons. Common situations include:

- Unclear, missing or disputed employment contracts.

- Dismissal or threatened dismissal - including possible wrongful or abusive termination.

- Disputes over unpaid wages, overtime, bonuses or severance.

- Questions on notice periods, probation and contractual obligations.

- Allegations of discrimination, harassment or unsafe working conditions.

- Enforcement or defense against restrictive covenants - non-compete, non-solicitation and confidentiality clauses.

- Disputes about social insurance contributions, pension fund entitlements or accident insurance.

- Cross-border employment issues - frontier workers, tax and social-security coordination.

- Representation in conciliation proceedings and court cases, or negotiating settlements and collective agreement matters.

Local Laws Overview

Key legal points to keep in mind for Wohlen - and Switzerland generally - include:

- Employment contract - An employment relationship can be formed orally or in writing. Written contracts are strongly recommended to avoid misunderstandings and to document key terms such as salary, working hours and notice periods.

- Probation period - Parties commonly agree a probation period of up to three months. During probation notice periods are typically shorter.

- Notice periods - Swiss law sets statutory minimum notice periods that apply if not otherwise agreed in writing. Common statutory minima are a seven-day notice during probation, one month in the first year after probation, two months from year two to nine, and three months from year ten onward - typically to the end of a month. Employment contracts may provide different terms provided they meet minimum protections.

- Termination - Employers can generally terminate subject to notice but must not do so for abusive reasons or in protected periods. Special protections exist for pregnancy, certain illnesses, accident-related incapacity and during military or civil defense service. There are also rules on immediate termination for cause when continuation of the employment relationship is unreasonable.

- Wages and overtime - Salaries must be paid as agreed. Overtime rules differ by sector and type of employee. The Labour Act establishes maximum working hours for certain sectors and prescribes overtime pay or compensatory time off in many cases.

- Holidays and leave - Minimum annual leave is at least four weeks for adults and five weeks for younger employees under 20. Public-law provisions and contractual terms determine other types of leave such as sick leave, maternity leave and public duties leave.

- Social insurances and contributions - Employers must register and contribute to AHV/IV/EO (old-age and disability insurance), unemployment insurance, occupational pension scheme (BVG) for eligible employees, and accident insurance (UVG). These obligations are administered at federal and cantonal levels.

- Collective agreements and unions - Sectoral collective bargaining agreements - GAVs - can set minimum wages and working conditions for industries. Trade unions and employer associations play a role in negotiating and enforcing these agreements.

- Data protection and workplace privacy - The Swiss Federal Act on Data Protection regulates the handling of employee personal data. Employers must have lawful grounds for collecting and processing personal information.

- Dispute resolution - Before going to civil court in Switzerland, most employment disputes first go through a conciliation procedure at the local conciliation authority. Arbitration or mediation can be an alternative if provided for in a contract.

Frequently Asked Questions

Do I need a written employment contract?

No - an employment relationship can exist without a written contract. However, a written contract avoids later disputes by recording salary, working hours, notice periods and other key terms. Some arrangements and collective agreements are more easily enforced if put in writing.

What are the legal notice periods for termination?

There are statutory minimum notice periods which apply if the contract does not set different terms. Typical minima are seven days during probation, one month in the first year after probation, two months in years two to nine, and three months from year ten. Contractual notice periods can differ provided they comply with mandatory protection rules.

Can my employer fire me without giving a reason?

Yes - Swiss employment law generally permits termination without providing a reason during ordinary notice periods. Termination is unlawful if it is abusive - for example, if issued for discriminatory reasons, retaliation for asserting legal rights, or during protected periods such as pregnancy. If you suspect abusive dismissal, consult a lawyer promptly.

What protection do I have if I am pregnant?

Pregnant employees enjoy special protection from dismissal. The law and cantonal practice provide a protection period that starts when the pregnancy is known and continues into the postnatal period. Employers must respect these protections and statutory maternity-leave entitlements. If you face dismissal during pregnancy, seek advice quickly.

How is overtime handled?

Overtime rules depend on the employee category and sector. Many employees are entitled to overtime compensation - usually higher pay or compensatory time off. Some managerial or highly paid employees may be exempt. Check your contract, collective agreement and sector rules to understand your rights.

What should I do if my employer does not pay my wages?

Document unpaid wages and any related communications. Raise the issue in writing with the employer and keep copies. If the matter is not resolved, you can file a claim through the local conciliation authority as a first step. Because legal deadlines can be strict, seek advice early to preserve your rights.

Are non-compete clauses enforceable?

Non-compete clauses can be enforceable if they protect a legitimate business interest, are reasonable in scope, duration and geographic reach, and are documented in writing. Swiss courts assess reasonableness case by case. Low-level or short-term restrictions are less likely to be upheld. Review any clause with a lawyer before signing or if enforcement is threatened.

What are my holiday and sick-leave entitlements?

The statutory minimum annual holiday is four weeks for adults and five weeks for those under 20. Sick-leave entitlements depend on the employment contract, collective agreement and cantonal practice. Many employers provide salary continuation for a limited period when an employee is ill, and insurance schemes can apply. Check your contract and seek legal advice if the employer denies a claim.

Do I have to go to conciliation before suing an employer?

Yes - in Switzerland employment disputes typically require an initial conciliation procedure before a civil court claim can be started. The local conciliation authority will attempt to mediate a settlement. If conciliation fails, you may proceed to court. A lawyer can represent you during the conciliation and court phases.

How do I find and hire a local employment lawyer in Wohlen?

Look for lawyers who specialize in employment law and who have experience with cantonal practice in Aargau. Ask about initial consultation fees, retainer arrangements and estimated costs. You can also contact cantonal legal aid services if you have limited means, or seek advice from unions or employer associations depending on your side of the dispute.

Additional Resources

Useful organizations and authorities to consult when you need further information or assistance include:

- Canton of Aargau - Department responsible for labor, employment and social insurance matters.

- Local conciliation authority and district court for Wohlen - for initiating conciliation procedures in employment disputes.

- Federal State Secretariat for Economic Affairs - general federal guidance on labor law and employment policy.

- Federal Social Insurance Office - information on AHV/IV/EO and pension obligations.

- Cantonal social insurance and employment offices - for registration and administrative questions.

- Unions and employer associations - sectoral advice and information about collective agreements.

- Swiss Bar Association and local bar sections - directories for qualified employment-law lawyers.

- Legal aid offices in the Canton of Aargau - for information on eligibility for subsidized legal assistance.

Next Steps

If you need legal assistance with an employment matter in Wohlen, consider the following practical steps:

- Gather documentation - contracts, payslips, correspondence, time records and any relevant evidence.

- Read your employment contract and any applicable collective agreement carefully to identify key terms and deadlines.

- Try internal resolution first - raise the issue with your supervisor or HR in writing and keep a record.

- Act quickly - many employment claims are subject to short limitation periods and procedural steps such as mandatory conciliation.

- Contact the local conciliation authority if you want to initiate a formal claim - this is usually required before court proceedings.

- Arrange a consultation with an employment lawyer - ask about experience, likely costs, and strategy options such as mediation, conciliation or litigation.

- Consider alternative dispute resolution - mediation can preserve working relationships and speed up resolution.

- Keep records of everything - notes of meetings, dates, witnesses and copies of documents will help your case.

Obtaining legal advice early will help you understand your rights, preserve evidence and meet procedural requirements - particularly in a system where local and federal rules interact and conciliation is often mandatory.