Best Employment & Labor Lawyers in Dornach

About Employment & Labor Law in Dornach, Switzerland

Employment relationships in Dornach are primarily governed by Swiss federal law, supplemented by cantonal practice in Solothurn and any applicable collective bargaining agreements. Most day-to-day rights and obligations are set by the Swiss Code of Obligations for individual employment contracts and the Swiss Labor Act for working time, health and safety, night work, and Sunday work. Social insurance schemes such as old age and survivors insurance, accident insurance, unemployment insurance, and occupational pensions apply across Switzerland. Dornach itself does not have special local labor rules, but authorities in the canton of Solothurn enforce inspections, conciliation in disputes, and public employment services. Contracts, policies, and workplace culture in Dornach are typically German-language, and cross-border commuting with the Basel region is common.

Why You May Need a Lawyer

You may benefit from legal advice when negotiating or reviewing an employment contract, bonus plan, stock option grant, or a non-compete clause. Legal help is often crucial when facing termination, redundancy, or garden leave, particularly to verify notice periods, severance, and references. Employees and employers commonly seek counsel for disputes over unpaid wages, overtime, vacation, expense reimbursement, remote work costs, or unfair treatment. Claims involving bullying, sexual harassment, discrimination, or equal pay require careful handling to preserve evidence and follow statutory procedures. Businesses seek advice on hiring and work permits, posted workers, compliance with working time limits, shift and Sunday work authorizations, and collective bargaining agreements. Counsel is also important for workplace accidents, data protection in HR, whistleblowing, and restructuring or mass layoff consultations.

Local Laws Overview

Key sources of law include the Swiss Code of Obligations for contracts, termination, wages, expenses, vacation, and non-compete clauses, and the Swiss Labor Act with its ordinances for maximum working time, overtime classification, rest periods, night and Sunday work, and health and safety. Social insurance laws cover accident insurance, occupational pensions, old age and survivors insurance, disability insurance, and unemployment insurance. The Gender Equality Act prohibits discrimination, including sexual harassment and unequal pay. The Federal Act on Data Protection regulates the collection and processing of employee data. The Federal Act on Private Employment Agencies and Hiring of Services governs temp and staffing agencies. Posted workers are subject to Swiss minimum standards under the Posted Workers Act.

Working time is capped at 45 hours per week for many white-collar roles in industry, offices, technical sales, and large retail, and at 50 hours for other employees. Additional hours are distinguished between contractual overtime and statutory overtime under the Labor Act. As a rule, statutory overtime is compensated with a 25 percent premium unless compensated with time off, with exemptions for certain managerial roles. Night and Sunday work generally require prior authorization and trigger compensation or time-off requirements. Minimum paid vacation is four weeks per year for adults and five weeks for employees under 20. Public holidays are set by the canton of Solothurn and are treated similarly to Sundays for working time purposes.

There is no federal minimum wage and no cantonal minimum wage in Solothurn. However, many sectors are covered by collective bargaining agreements that set binding minimum pay and conditions. A 13th-month salary is common but is only owed if agreed or established by consistent practice. Employers must reimburse necessary business expenses. If home office is required and no suitable workplace is provided, a contribution to necessary home office costs may be due.

Termination usually requires no cause but must respect notice periods and must not be abusive or discriminatory. The default probation period is one month, with a seven-day notice during probation unless agreed otherwise. After probation, the default notice period is one month in the first year of service, two months from year two to nine, and three months thereafter, in each case to the end of a month unless otherwise agreed. Dismissals are prohibited during certain protected periods, including pregnancy and the 16 weeks following childbirth, compulsory military service plus a short period after, and sickness or accident for a time that increases with years of service. Abusive termination can lead to compensation of up to six months of salary. Either party may terminate with immediate effect only for just cause. Employees have a right at any time to an employment reference that is truthful and benevolent.

Salary continuation during illness is required for a limited period if the employment has lasted more than three months or is for an indefinite term. The exact duration follows cantonal case law scales unless a valid daily sickness allowance insurance plan applies under the contract or collective agreement. Maternity leave is at least 14 weeks with income compensation at 80 percent up to a statutory cap. Paternity leave is two weeks, adoption leave is two weeks for a child under age four, and there is a longer caregiver allowance for parents of a seriously ill child. Non-compete clauses must be in writing, limited in place, time, and scope, and typically cannot exceed three years unless special circumstances justify a longer duration.

In Dornach and throughout Solothurn, labor inspections are handled by the cantonal labor inspectorate. Mass dismissals require employee consultation and notification to the cantonal employment office. Employment disputes usually begin before a conciliation authority for employment disputes in the canton of Solothurn, and unresolved cases can proceed to the competent civil court.

Frequently Asked Questions

Is there a minimum wage in Dornach

There is no federal minimum wage in Switzerland and the canton of Solothurn does not have a cantonal minimum wage. Minimum wages can apply if a collective bargaining agreement covers your sector or if declared generally binding. Check your contract and whether a collective agreement applies.

How many hours can I be required to work and how is overtime paid

Standard maximum weekly working time is 45 hours for many white-collar roles and 50 hours for most others. Hours beyond your contractual schedule are overtime and may be compensated with pay or time off, subject to your contract or collective agreement. Statutory overtime under the Labor Act is generally compensated with a 25 percent premium unless compensated by time off, with exemptions for certain managerial employees. Night and Sunday work require authorization and special compensation rules.

How much paid vacation am I entitled to

The legal minimum is four weeks per year for adults and five weeks for employees under 20. Contracts and collective agreements often grant more. Vacation timing should be coordinated with the employer, who must also consider employee needs. Vacation cannot be replaced by cash during employment except in narrow cases such as very short-term work or at the end of the relationship when taken days remain.

What notice period applies if I am dismissed

Unless agreed otherwise, the notice period after probation is one month in the first year of service, two months from the second through the ninth year, and three months thereafter, each to the end of a month. During the default one-month probation, either side can give seven days notice. Contracts can modify these periods within legal limits. Special protections apply during pregnancy, military service, and sickness or accident.

Can my employer dismiss me without cause

Yes, Swiss law allows ordinary termination without cause, but the dismissal must not be abusive or discriminatory. Examples of abusive grounds include dismissals due to lawful claims of rights, union activity, or protected personality characteristics. If you suspect abuse, you must object in writing before the end of the notice period and then bring a claim within 180 days of the end of employment. Compensation can be up to six months salary.

What are the rules for maternity, paternity, and adoption leave

Maternity leave is at least 14 weeks paid at 80 percent of income up to a statutory cap through the income compensation scheme. Paternity leave is two weeks, which can be taken flexibly within six months after the birth, paid at 80 percent up to the cap. Adoption leave provides two weeks for adopting a child under age four, paid at 80 percent up to the cap. Employers and collective agreements may offer more generous benefits.

Will I be paid if I am sick

If you have been employed for more than three months or have an indefinite contract, your employer must continue your salary for a limited period during illness or non-work-related accident. The duration increases with years of service according to cantonal case law scales unless your contract or collective agreement provides for a daily sickness allowance insurance that offers at least equivalent protection. Keep medical certificates and notify your employer promptly.

Is my non-compete clause enforceable

A post-termination non-compete must be in writing and limited in time, geographic scope, and activities to protect legitimate business interests such as trade secrets or customer relationships. It typically cannot exceed three years unless special circumstances justify a longer period. Courts can reduce an excessive clause. Non-solicitation clauses are also subject to reasonableness review.

Can I get reimbursed for home office costs

Employers must reimburse necessary business expenses. If you are required to work from home and your employer does not provide a suitable workplace, a reasonable contribution to home office costs may be owed. The specific amount depends on your situation, your contract, and any collective agreement. Clarify expectations in writing.

What should I do if I face bullying, harassment, or discrimination

Employers have a duty to protect employee personality rights and to prevent harassment and discrimination. Document incidents, report concerns to your supervisor or HR, and consult any internal policy or trusted contact. You can seek help from the cantonal equality office or a lawyer. In serious cases, consider medical support and request protective measures at work. Evidence preservation is key.

Additional Resources

State Secretariat for Economic Affairs SECO - Labour Directorate for federal guidance on working time, night and Sunday work, and authorizations.

Amt für Wirtschaft und Arbeit Kanton Solothurn for employer notifications on mass dismissals, posted workers, and labor market questions.

Kantonales Arbeitsinspektorat Solothurn for health and safety and Labor Act inspections.

Regional Employment Center RAV in the canton of Solothurn for unemployment registration and job search support.

Social insurance bodies including AHV OASI offices, ALV unemployment insurance funds, and SUVA or other accident insurers for claims and coverage.

Solothurn Bar Association for referrals to employment and labor lawyers.

Federal Office for Gender Equality and the Equality Office of the canton of Solothurn for information on discrimination and equal pay.

Trade unions such as Unia or Syna, and relevant employer associations for sector specific collective bargaining agreements and advice.

Conciliation Authority for Employment Disputes in the canton of Solothurn for the mandatory first step in many employment claims.

Next Steps

Start by collecting your documents, including your employment contract, any amendments, policies, collective bargaining agreement if applicable, pay slips, time records, emails or messages, performance reviews, medical certificates, and any notes about key events. Write down a clear timeline of what happened, including dates of conversations, warnings, and notices.

Check deadlines. If you plan to contest an abusive dismissal, you must object in writing before the end of the notice period and file any claim within 180 days after the employment ends. Wage and expense claims have limitation periods, with many salary claims expiring after five years. If you lose your job, register promptly with the RAV to protect unemployment benefits.

Seek tailored advice early. A local employment lawyer can review your situation, assess your leverage, and help you set strategy for negotiation or litigation. If you are in a sector with a collective agreement, contact the relevant union or employer association. For health and safety issues or working time authorizations, consult the cantonal labor inspectorate. For discrimination or harassment concerns, consider contacting the equality office in addition to HR.

Aim to resolve disputes amicably where possible. Many employment disputes in Solothurn require an initial conciliation hearing before proceeding to court. Your lawyer can prepare a settlement proposal or represent you in conciliation. If settlement is not possible, your case can be filed with the competent civil court with evidence and witness support.

If you are an employer, audit your templates and practices for compliance with the Labor Act and the Code of Obligations, verify working time and recording systems, ensure proper expense reimbursement, review non-compete and bonus language, and prepare clear internal policies on harassment, data protection, and whistleblowing. In restructuring, plan for employee consultation, timelines, and notifications to the cantonal employment office.

Because employment law outcomes are fact sensitive, personalized legal advice is the most reliable way to protect your rights and achieve a practical result in Dornach and the wider Solothurn region.