Best Employment & Labor Lawyers in Arlesheim

About Employment & Labor Law in Arlesheim, Switzerland

Employment and labor law in Arlesheim is governed primarily by Swiss federal law, with enforcement and certain procedures handled at the cantonal level in Basel-Landschaft. The core rules are in the Swiss Code of Obligations for individual employment contracts and in the Federal Labor Act for working time, health and safety, and night or Sunday work. Collective employment agreements may add sector-specific rights. There is no federal minimum wage and Basel-Landschaft currently has no cantonal minimum wage, so pay levels are set by contract or collective agreements. Because Arlesheim is part of the Basel economic region, cross-border employment, temporary agency work, and multilingual workplaces are common, which can add legal complexity.

Why You May Need a Lawyer

You may need legal help when drafting or reviewing employment contracts, bonus plans, commission and variable pay arrangements, confidentiality and non-compete clauses, and remote work policies. Legal advice is often needed in disputes about overtime, vacation, public holiday pay, and working time recording. Terminations are a frequent reason to consult counsel, including questions about notice periods, immediate dismissal for just cause, blocking periods during illness or pregnancy, reference letters, and claims for abusive dismissal.

Specialist guidance is useful in discrimination, harassment, and equal pay matters, as well as in workplace investigations. Employers may need counsel for reorganizations, mass layoffs, and social plan negotiations. Workers and companies alike benefit from advice on sickness salary continuation, daily sickness insurance, accident insurance, and disability cases. Foreign nationals and cross-border commuters may require assistance with permits, social security coordination, and taxation. In Basel-Landschaft, most employment claims begin with a conciliation authority, so preparing a clear case strategy and evidence with a lawyer can be decisive.

Local Laws Overview

Employment contracts under the Swiss Code of Obligations can be oral, but written terms are strongly recommended. The usual probation period is one month and can be extended by written agreement to a maximum of three months. Notice periods after probation are typically one month in the first year of service, two months from years two to nine, and three months from year ten. Different periods can be agreed in writing or set by a collective agreement, but minimum protections apply.

Dismissals must comply with statutory rules. Switzerland allows termination without cause, but dismissals cannot be abusive. Examples of abusive dismissal include termination for asserting good faith claims or on discriminatory grounds. Employees must object to an abusive dismissal in writing before the end of the notice period and bring any claim within the statutory deadlines. Certain blocking periods apply after probation during illness or accident, during pregnancy and for 16 weeks after childbirth, and during mandatory military or civil service. Dismissal notified during a blocking period is invalid.

Working time is regulated by the Federal Labor Act. The statutory maximum weekly working time is generally 45 hours for industrial workers and for office staff, technical and sales employees in large enterprises, and 50 hours for most other workers. Overtime beyond the agreed hours must be compensated with time off of equal duration or with salary plus a 25 percent premium unless otherwise agreed in writing. Hours beyond the statutory maximum are called excess hours and are generally paid with a 25 percent premium unless compensated with time off. Certain managerial employees are exempt from the working time rules.

Employees are entitled to at least four weeks of paid vacation per year. Employees under 20 are entitled to at least five weeks. Public holidays are set by canton and municipalities. The only nationwide public holiday is 1 August. In Basel-Landschaft, several cantonal holidays are treated like Sunday for work purposes. Work on Sundays and at night requires authorization and premiums or compensatory rest under the Labor Act.

Salary continuation during illness is required for a limited period if the employment has lasted more than three months or is for more than three months. The length depends on years of service and cantonal jurisprudence scales. Many employers purchase daily sickness allowance insurance that provides 80 percent income replacement for a defined period and can supersede the statutory minimum if agreed in writing. Occupational and non-occupational accident insurance is mandatory. Employers must insure employees against occupational accidents and diseases and, if an employee works at least eight hours per week for one employer, also against non-occupational accidents.

Swiss law guarantees maternity leave of at least 14 weeks paid at 80 percent of income through the income compensation scheme, paternity leave of two weeks paid at 80 percent, and adoption leave of two weeks for the adoption of a child under age four. Short-term carer leave of up to three days per incident and a maximum of 10 days per year applies for the care of family members, and a separate long-term carer leave exists for parents of seriously ill children.

Equal pay for equal work is mandated by the Gender Equality Act. Discrimination in hiring, pay, terms, promotion, and termination based on sex or pregnancy is prohibited. Employers must protect the personal rights of employees, which includes preventing and responding to bullying and sexual harassment. Employee data must be processed lawfully, proportionately, and for a defined purpose under the Federal Act on Data Protection and the Code of Obligations. Monitoring of employees is restricted and must be transparent and proportionate.

Non-competition clauses must be agreed in writing and are enforceable only if the employee has access to confidential information and if the clause is appropriately limited in time, geography, and scope. Courts may reduce excessive clauses. Collective employment agreements may set minimum wages and working time rules for an industry. Companies with 50 or more employees are subject to participation rules for employee representation. Mass layoffs trigger information and consultation duties and, for large companies above defined thresholds, an obligation to negotiate a social plan.

Many employees in the Basel region are cross-border commuters holding G permits. Permit rules, social security affiliation, and taxation for cross-border work must be assessed under Swiss law and bilateral agreements. The Basel-Landschaft labor inspectorate supervises working time and health and safety, while the cantonal employment office handles unemployment insurance and job placement.

Frequently Asked Questions

Do I need a written employment contract in Switzerland?

Oral employment contracts are valid, but a written contract is strongly recommended to record job duties, salary, working time, overtime rules, bonuses or commissions, probation, notice periods, confidentiality, and any non-compete. Certain arrangements, such as non-compete clauses and apprenticeship contracts, must be in writing. Collective agreements or internal policies may impose additional written requirements.

How is overtime paid in Basel-Landschaft?

Two concepts apply. Overtime beyond the agreed weekly hours is usually compensated by time off of equal duration or by salary plus a 25 percent premium unless the parties agreed in writing to a different arrangement. Excess hours beyond the statutory weekly maximum are generally compensated with at least a 25 percent premium or equivalent time off. Senior managers may be exempt from the working time rules. Always check your contract and any collective agreement.

What notice periods apply if I am dismissed?

After probation, the default notice periods are one month in the first year, two months from years two to nine, and three months from year ten, all to the end of a month. Different periods can be agreed in writing or set by a collective agreement within legal limits. Dismissal must not be abusive and cannot take effect during certain protected periods such as illness after probation, pregnancy, or military service.

What can I do if I believe my dismissal was abusive?

You should object in writing before the end of the notice period, stating that you consider the termination abusive and reserving your rights. If no settlement is reached, you can bring a claim for compensation within the legal time limits. Courts can award compensation up to several months of pay, but reinstatement is rare in Switzerland. Keep evidence of the circumstances and seek advice quickly because deadlines are short.

How much vacation and which public holidays do I get?

You are entitled to at least four weeks of paid vacation per year. Employees under 20 receive at least five weeks. Public holidays are set by the canton and municipalities, and work on those days is regulated like Sunday work. The only nationwide public holiday is 1 August. Your contract or a collective agreement may grant additional paid days or define specific cantonal holidays that apply to your workplace.

Is there a minimum wage in Arlesheim?

Basel-Landschaft currently has no cantonal minimum wage and there is no federal minimum wage. Minimum pay can apply through a collective employment agreement or through standard employment contracts issued by authorities for specific sectors. Always check whether your industry is covered by a collective agreement with binding wage floors.

What are my rights during illness, accident, or pregnancy?

After a qualifying period, your employer must continue paying salary for a limited time during illness and non-occupational accidents, often replaced by daily sickness insurance if agreed. Occupational accidents are covered by mandatory accident insurance. Dismissal is prohibited during defined blocking periods after probation. Maternity leave is at least 14 weeks at 80 percent pay through the income compensation scheme, and paternity leave is two weeks at 80 percent. Adoption and carer leaves exist under federal law.

Can my employer monitor my emails or internet use?

Monitoring must be proportionate, transparent, and limited to what is necessary for legitimate purposes such as security or compliance. Blanket or constant surveillance is not allowed. Employers should inform employees in advance through policies, apply data minimization, and respect privacy. Employee representatives should be involved where participation rules apply. Sensitive data requires enhanced protection under the data protection law.

Are non-compete clauses enforceable?

Yes, but only if they are in writing, protect a legitimate business interest, and are limited in time, geography, and scope. Courts can reduce overbroad clauses. Typical durations are up to one to three years. Payment during the non-compete period is not mandatory under federal law but can increase enforceability. Clauses are enforceable only if the employee had access to trade secrets or key customer relationships and a breach would significantly harm the employer.

How do I start a labor claim in Basel-Landschaft?

Most employment disputes start with a conciliation authority at the district level, for Arlesheim this is the local district court. Proceedings are designed to be accessible and may be free of court fees up to defined claim amounts. If no settlement is reached, the case can proceed to the civil court. Keep deadlines in mind. Certain claims such as unpaid wages may be time-barred after five years. For abusive dismissal, strict objection and filing deadlines apply.

Additional Resources

Basel-Landschaft Labor Inspectorate. Supervises working time, night and Sunday work, and health and safety. Provides guidance and inspects workplaces.

Amt für Industrie, Gewerbe und Arbeit Basel-Landschaft, including the regional employment centers. Handles unemployment insurance, job placement, and certain employer notifications such as mass layoffs.

District Court and Conciliation Authority in Employment Matters in Arlesheim. First point of contact for employment disputes and mandatory conciliation.

State Secretariat for Economic Affairs, Labor Directorate. Publishes federal guidance on labor law, working time, collective agreements, and posting of workers.

SUVA and other accident insurers. Provide mandatory accident insurance coverage, prevention advice, and claims handling.

Cantonal Office for Equal Opportunity for Women and Men. Supports equal pay and anti-discrimination initiatives and may offer advice or referral.

Trade unions operating in the Basel region, such as Unia, Syna, and professional associations. Offer legal advice and representation to members and negotiate collective agreements.

Cantonal Migration Office Basel-Landschaft and the State Secretariat for Migration. Competent authorities for residence and work permits, including cross-border commuter permits.

Occupational pension funds and the supervisory authority for the second pillar. Provide information on mandatory occupational benefits and vested benefits when changing jobs.

Private legal advice centers and legal expenses insurers. Offer consultations, coverage assessments, and referrals to employment law specialists.

Next Steps

Clarify your objectives and gather documents. Collect your employment contract, amendments, policies, relevant emails or messages, pay slips, time records, medical certificates, and any collective agreement that may apply.

Check deadlines and act promptly. Objections to abusive dismissal must be made before the notice period ends. Wage and bonus claims have limitation periods. Do not wait to seek advice if you receive a warning letter, are suspended, or face termination.

Try internal resolution where appropriate. Raise concerns with HR or management in writing, remain factual, and keep copies. For harassment or discrimination, use the employer’s reporting channels and ask for protective measures.

Seek specialized legal advice. An employment lawyer familiar with Basel-Landschaft procedures can assess your case, draft correspondence, negotiate settlements, and represent you before the conciliation authority and courts.

Consider union support or legal expenses insurance. If you are a union member, contact your union promptly. Review any legal protection insurance for coverage and notification requirements.

Prepare for conciliation. Conciliation is usually mandatory and aims at quick, practical solutions. Prepare a short chronology, your key documents, a realistic settlement proposal, and an outline of your minimum acceptable outcome.

For cross-border or permit issues, verify your status. Confirm your residence or commuter permit, social security affiliation, and taxation, especially if you work remotely across borders or for multiple employers.

If you are an employer, audit your practices. Review contracts, working time recording, overtime and on-call policies, salary continuation arrangements, data protection compliance, and equality and harassment prevention. Engage counsel early for restructurings, mass layoffs, or when negotiating a social plan.