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Thun, Switzerland Attorneys in related practice areas.
Employment and labor law in Thun, Switzerland, is guided by federal legislation, mainly governed by the Swiss Code of Obligations (Obligationenrecht), the Labor Law (Arbeitsgesetz), and various collective bargaining agreements. These laws address the rights and duties of employers and employees, minimum working conditions, wages, workplace safety, and social insurance obligations. As a city within the canton of Bern, Thun follows federal and cantonal regulations, ensuring fair treatment and protection for workers across both private and public sectors.
Legal representation or advice in employment and labor matters may be necessary in several situations. Common scenarios where individuals in Thun may seek legal help include wrongful termination, disputes over employment contracts, issues regarding workplace discrimination, unpaid wages or benefits, workplace accidents and occupational illnesses, non-compete agreements, or conflicts arising from restructuring and layoffs. A lawyer can provide clarity on your rights, assist in negotiations with employers, and represent you before the labor courts or authorities if litigation becomes necessary.
Swiss employment and labor laws apply in Thun but may be supplemented by canton Bern regulations and city-specific collective bargaining agreements. Some key aspects include:
Under Swiss law, employers are generally not required to provide a reason for terminating employment unless explicitly requested. However, dismissals for unlawful reasons, such as discrimination, are not permitted. You may contest the dismissal if you suspect it is unfair or unlawful.
Swiss law does not mandate severance pay in most cases, except for employees over 50 years old with 20 or more years of service or as provided by collective bargaining agreements. However, payment in lieu of notice or compensation for unused holidays may apply.
The standard probationary period is one month but can be extended up to three months by written agreement. During probation, the notice period for termination is seven days.
After the probationary period, the standard notice period is one month for the first year of service, two months from the second to the ninth year, and three months thereafter, unless otherwise agreed in the contract or collective agreement.
Swiss laws protect workers from discrimination based on sex, age, race, religion, disability, and other protected characteristics. You can file complaints with your employer, relevant authorities, or the labor court if you experience discrimination.
Employees can work a maximum of 45 to 50 hours per week, depending on the sector. Overtime must be compensated with extra pay (at least 125 percent of normal wages) or equivalent time off, unless otherwise agreed.
Although employment contracts can be concluded verbally, it is highly recommended to have a written contract to avoid misunderstandings regarding terms and conditions.
Employees are entitled to minimum paid holidays, sick leave compensation, maternity or paternity leave, social insurance, and, depending on the sector, additional benefits under a collective agreement.
If you suffer an accident or illness at work, notify your employer immediately. You are covered by mandatory accident insurance (SUVA or private) and are entitled to compensation, subject to certain conditions.
Employers cannot terminate your contract during protected periods, including while you are on certified sick leave, maternity leave, military service, or accident recovery, for a certain duration specified by law.
If you need further assistance or information regarding employment and labor matters in Thun, the following resources can be of help:
If you believe you have an employment or labor law issue in Thun, start by gathering relevant documents, such as your employment contract, pay slips, correspondence with your employer, and any evidence related to your matter. Review your contract and any applicable collective bargaining agreements. Consider contacting a local lawyer who specializes in employment law or seek initial advice from a trade union or legal aid office.
Should informal discussions with your employer not resolve the issue, you may file a claim with the local labor court or request mediation services. Timely action is important, as legal deadlines for employment disputes are often short. Consulting a legal professional will help you assess your options, protect your rights, and increase your chances of a successful resolution.
