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Chur, Switzerland Attorneys in related practice areas.
Chur is the capital of the canton of Graubünden and follows Swiss federal law together with cantonal regulations. Employment and labor matters in Chur are governed primarily by the Swiss Code of Obligations for individual employment contracts and by federal and cantonal labour legislation that regulates working time, health and safety, social insurance, and certain minimum protections for employees. Many workplaces in Chur operate in sectors such as public administration, tourism, retail, construction and services, so local practice often reflects sector-specific collective agreements and customary contractual terms.
Employment matters can be sensitive, time-limited and legally technical. People often seek legal help when:
- They receive an unexpected termination and want to know if it is lawful or abusive.
- They believe they were dismissed for a protected reason - for example pregnancy, military service, illness or union activity.
- There are disputes over notice periods, severance pay, unpaid wages, bonuses or holiday pay.
- Their employer fails to pay overtime, or misapplies working-time or rest-period rules.
- They are subject to disciplinary measures, unpaid deductions, or unclear contract terms such as non-compete clauses.
- They work under a fixed-term contract and the employer is treating the end of the contract unfairly.
- They want to negotiate a settlement, redundancy package, or employment contract terms.
- They need representation for formal procedures - conciliation hearings, court proceedings, or arbitration.
Lawyers experienced in employment law provide advice on rights, prepare formal responses, negotiate with employers, represent clients in conciliation and court, and help preserve evidence and legal deadlines.
Key legal rules and practical points to know in Chur include:
- Governing law - Individual employment relationships are mainly regulated by the Swiss Code of Obligations. Public-law provisions - for example on working hours and occupational safety - are set by federal legislation such as the Federal Act on Labour in Industry, Trade and Commerce (Labour Act) and are applied uniformly across cantons.
- Employment contract - Contracts can be written or oral, but written agreements are strongly recommended. Contracts govern salary, duties, working hours, place of work and notice periods.
- Probation period - Employers commonly include a probation period, often up to three months. During probation either party may terminate with a shorter notice period, often seven days, subject to the contract.
- Notice periods - Unless otherwise agreed, statutory notice periods under the Code of Obligations generally apply: short notice during probation, then typically one month in the first year, two months in years two to nine, and three months from year ten onwards, usually terminating at the end of a month. Contractual terms can differ but cannot contradict mandatory protections.
- Protection against improper dismissal - Swiss law protects certain situations. Terminations that violate good faith or target protected circumstances may be ineffective or entitle the employee to compensation. There are specific protection periods for pregnancy, military service and certain absences.
- Overtime and working hours - Maximum working hours, overtime limits and minimum rest periods are regulated by the Labour Act and depend on the industry. Overtime is normally compensated at a premium rate or with time off in lieu where agreed.
- Leave - Employees are entitled to paid annual leave. Minimum statutory vacation is four weeks per year (five weeks for younger workers under 20). Maternity leave is established at the federal level with guaranteed paid leave; other family-leave entitlements may depend on recent federal changes and employer policy.
- Social insurance - Employment relationships require contributions to Swiss social insurance schemes including Old-age and Survivors Insurance (AHV), Disability Insurance (IV), Unemployment Insurance (ALV), occupational pension (BVG) and accident insurance. Both employer and employee typically share contributions.
- Collective agreements and works councils - Some industries and employers are covered by collective employment agreements that set minimum terms beyond statutory law. Employee representation and consultation processes may apply in larger workplaces and in cases of collective redundancies.
- Dispute resolution - Employment disputes often begin with informal attempts to resolve the matter, then proceed to conciliation or mediation at the cantonal level, and ultimately to civil proceedings if necessary. Cantonal courts administer local processes in Chur and Graubünden.
In Switzerland employers can often terminate employment without stating a detailed reason, subject to statutory notice periods and the general prohibition against abusive termination. However, dismissals that breach good faith or target protected reasons - such as pregnancy, certain absences for illness or military service, or union activity - may be invalid or entitle you to compensation. If you suspect an unlawful motive, consult an employment lawyer promptly because time limits apply for challenging dismissals.
Notice periods are commonly governed by the employment contract. If the contract is silent, statutory notice periods in the Code of Obligations usually apply - short notice during a probationary period (often seven days), then one month in the first year, two months in years two to nine, and three months from year ten onwards, normally ending at the end of a month. Contractual terms can set different but reasonable notice periods. Always check your contract and act quickly when a termination is given.
Switzerland does not generally provide a statutory right to severance pay except in special circumstances or where a collective agreement or the employment contract provides for it. Severance may be negotiated in redundancy situations, as part of a settlement, or required under a social plan in large-scale dismissals. A lawyer can help negotiate a severance package or determine if any legal basis exists for compensation.
First gather documentation - contracts, timesheets, payslips and correspondence. Raise the issue in writing with your employer and request payment by a clear deadline. If unpaid, you can initiate a debt-collection or conciliation process through cantonal procedures, or consult a lawyer who can send a formal demand and, if necessary, represent you in court. Keep copies of all communications and be aware of statutory limitation periods.
Employers cannot usually unilaterally impose unpaid leave or change your contract terms without agreement. Temporary changes may be possible if the employment contract permits them, by mutual agreement, or for operational reasons under precise legal conditions. Employers should consult employees and seek agreement. If your employer proposes a change, get advice before accepting and consider negotiating compensation or a written amendment.
Pregnancy and maternity are protected. Pregnant employees are entitled to maternity leave under federal rules, and dismissals during pregnancy and for a statutory protection period after childbirth are subject to special protection. Other parental leave provisions may exist depending on recent federal law and employer policy. If you are pregnant or planning leave, notify your employer as required and keep records of correspondence to preserve legal protections.
Non-compete clauses are allowed but strictly regulated. They must be in writing, reasonable in duration, geographic scope and type of activity, and protect a legitimate business interest. Swiss courts scrutinize broad or indefinite restrictions and may reduce or invalidate overly restrictive clauses. If you face a non-compete clause, have it reviewed to understand the practical consequences and whether compensation or limitation is required.
Fixed-term contracts end on the contract date without need for notice unless the contract or law provides otherwise. Repeated renewals or continuous fixed-term contracts can imply an indefinite contract under certain conditions. If you are unsure whether your fixed-term employment should continue or convert to indefinite employment, discuss the facts with a lawyer early to preserve your rights.
Start by collecting documents - the contract, notices, email exchanges, and payslips. Note dates and witnesses. Request an explanation from your employer in writing. Seek a meeting with HR and request written confirmation of any agreements. If the matter is unresolved, consult an employment lawyer to evaluate the claim and advise on conciliation or court proceedings. In many cantons you must attend a conciliation hearing before initiating civil litigation, so act promptly to meet procedural deadlines.
Lawyer fees vary by experience and case complexity - common billing methods include hourly rates, fixed fees for specific services, or contingency arrangements in some cases. Many lawyers offer an initial consultation for a set fee or free brief screening. Legal expenses insurance may cover some or all costs if you have a policy. Cantonal legal aid may be available based on income and case merits. Ask a lawyer about fee estimates, payment options and the possibility of alternative dispute resolution to limit costs.
Useful organizations and bodies you can contact or research when dealing with employment issues in Chur include:
- Canton of Graubünden - Office for Economy and Labour and cantonal administrative authorities that handle labour-related questions.
- State Secretariat for Economic Affairs - for federal labour policy and resources.
- Cantonal courts and conciliation authorities - for dispute resolution procedures in Graubünden.
- Swiss social insurance offices - for questions on AHV, IV, ALV and occupational pensions.
- Trade unions such as Unia or industry-specific unions - for advice, representation and collective agreement information.
- Employer associations - for employer perspective and collective agreement details.
- Cantonal legal aid office - for information on legal aid eligibility.
- Local job and employment services - for unemployment benefits, reintegration and counseling.
If you need legal assistance with an employment or labour issue in Chur, follow these steps:
- Collect and preserve documents - contract, payslips, time records, emails, notices and any relevant communications.
- Note critical deadlines - notice, limitation and conciliation deadlines are strict in Switzerland. Acting promptly preserves options.
- Try to resolve the issue internally - speak with HR or management, request meetings and record the outcomes in writing.
- Seek advice - contact a qualified employment lawyer in Chur or the canton of Graubünden for an assessment. Many lawyers provide an initial consultation to outline options and costs.
- Explore alternative dispute resolution - mediation or conciliation can be faster and less costly than court.
- If formal action is needed - a lawyer will advise on conciliation proceedings, drafting claims or negotiating settlements, and represent you in court if required.
- Consider financial support options - check whether legal expenses insurance or cantonal legal aid applies to your situation.
Employment disputes can be stressful and time-sensitive. Getting early, practical legal advice helps protect your rights and can often achieve a better outcome than waiting.
