Best Employment Rights Lawyers in Arlesheim

About Employment Rights Law in Arlesheim, Switzerland

Employment rights in Arlesheim are primarily governed by Swiss federal law, with important procedures and services provided at the cantonal level in Basel-Landschaft. The main federal sources are the Swiss Code of Obligations for contracts and termination, the Labour Act for working time and health protection, the Accident Insurance Act for workplace injuries, the Unemployment Insurance Act for job loss, the Gender Equality Act for equal treatment, and the Federal Act on Data Protection for handling employee data. Collective bargaining agreements and standard employment contracts may also apply in specific sectors.

Arlesheim is within the canton of Basel-Landschaft, which administers the labour inspectorate, unemployment offices, and the conciliation authority and civil courts that handle employment disputes. Most employment disputes must begin with a conciliation procedure before a formal court case. Day to day employment matters follow federal standards, while practical steps such as filing a claim or contacting inspectors are done with cantonal offices serving Arlesheim.

Why You May Need a Lawyer

Employment relationships often work smoothly, but legal support can be crucial when conflicts arise. You may need a lawyer if you face a dismissal that feels unfair or abusive, a termination with immediate effect, or a non renewal that looks discriminatory. A lawyer can evaluate the facts, preserve deadlines, and help you object in writing within the required time.

Legal help is also valuable for unpaid wages, overtime, bonuses, or expense reimbursements. A lawyer can review your contract and any collective agreement, calculate what you are owed, and bring a claim efficiently. If you experience workplace discrimination, harassment, or unequal pay, an attorney can advise on evidence, internal reporting, and claims under the Gender Equality Act and civil law.

Other common reasons include negotiating a severance package, enforcing or narrowing a non compete clause, addressing workplace accidents and insurance benefits, clarifying rights during sickness or maternity, reviewing data privacy issues, or preparing for collective redundancies and social plans. For employers, counsel helps draft compliant contracts and policies, conduct investigations, and manage reorganizations with minimal legal risk.

Local Laws Overview

Employment contracts and probation. Swiss law is flexible about written or oral contracts, but written terms are strongly recommended. Unless otherwise agreed in writing, the default probation period is one month and can be extended to a maximum of three months. Key clauses often address working time, overtime compensation, holidays, confidentiality, and any non compete obligations.

Working time and overtime. The Labour Act sets weekly limits for most employees. The standard statutory maximum is 45 hours for office staff, technical employees, and retail workers, and 50 hours for many other roles. Hours above your contractual schedule are overtime under the Code of Obligations and must be compensated with a wage premium of 25 percent or time off, unless validly agreed otherwise. Hours beyond the statutory maximum are extra time under the Labour Act and generally attract a 25 percent premium, subject to specific exceptions. Night and Sunday work require special permission and compensation, and employees are entitled to daily and weekly rest periods.

Pay and minimum wage. Switzerland has no general federal minimum wage. Some cantons set their own minimum wage. As of the latest guidance, Basel Landschaft does not have a general cantonal minimum wage. Sectoral collective agreements may set binding minimums that apply in certain industries.

Holidays and leave. The legal minimum annual vacation is four weeks, and five weeks for employees up to their 20th birthday. Public holidays are set by the canton and municipality. Employees have rights to paid maternity leave of 14 weeks at 80 percent of income up to a statutory cap, paternity leave of two weeks on the same basis, and adoption leave of two weeks for adopting a young child. Short term care leave is available to look after a sick family member or partner, and longer caregiver leave may be available for parents of a seriously ill child. Employees are entitled to leave for personal obligations and to paid time off to attend certain official appointments.

Illness, accident, and insurance. After probation, employers must continue salary for a limited period during illness, based on years of service and local scales, unless equivalent insurance is provided. Employers must insure employees for occupational accidents. Employees working at least eight hours per week are also insured for non occupational accidents, with premiums for that part typically deducted from salary. Accident benefits can include medical costs and daily allowances. Unemployment insurance provides benefits through regional employment centers if you lose your job and meet eligibility conditions.

Termination and protection. Ordinary termination requires notice. Unless the contract states otherwise in writing or a collective agreement applies, the notice period is one month in the first year of service, two months from the second to the ninth year, and three months from the tenth year, each to the end of a month. Certain situations block termination after probation, including periods of illness or accident, pregnancy and 16 weeks after birth, and while performing certain military or civil service. Dismissal for discriminatory or retaliatory reasons can be abusive. You must object in writing before the end of the notice period, and any claim for compensation must be filed within 180 days after the end of employment.

Equal treatment and harassment. The Gender Equality Act prohibits discrimination based on sex, including pregnancy and equal pay issues. Swiss law also protects personality rights, and employers must safeguard employees against harassment. Employees can bring claims for injunctive relief, damages, or compensation. Cantonal equality offices can advise and may support amicable solutions.

Data protection. The revised Federal Act on Data Protection applies to employee data. Employers may process only data that relates to the employee’s suitability for the job or is necessary to perform the contract. Employees have a right to be informed about processing and to access their data. Security measures and retention limits are required.

Employee representation. The Participation Act gives employees information and consultation rights in businesses meeting certain thresholds. In some sectors, collective bargaining agreements create works councils or specific participation mechanisms. Collective redundancies trigger consultation duties and, in some cases, social plan negotiations.

Dispute resolution in Arlesheim. Employment disputes usually start with a mandatory conciliation procedure before the competent conciliation authority in Basel Landschaft. If no agreement is reached, the case can proceed to the civil court. For disputes up to 30,000 Swiss francs, a simplified procedure applies and court fees are restricted, which makes it easier to pursue smaller claims.

Frequently Asked Questions

What should I check before signing an employment contract in Arlesheim

Confirm your job title and duties, working time and flexibility, overtime rules and compensation, base salary and any bonus criteria, vacation entitlement, probation period, notice periods, non compete or confidentiality clauses, and any applicable collective agreement. Ask for all key terms in writing and keep copies of policies and handbooks.

How is overtime paid in Switzerland

Hours above your contractual schedule are usually paid at the normal rate plus a 25 percent premium or granted as time off of equal length, unless the contract or a collective agreement validly provides otherwise. Hours beyond the statutory maximum working time fall under the Labour Act and generally attract a 25 percent premium, with limited exceptions. Senior managers with broad autonomy may be exempt from certain working time rules.

Can my employer terminate me without giving a reason

Swiss law permits ordinary termination without stating a reason, but it must not be abusive or discriminatory and must respect notice periods and blocking periods. You can request a written reason, and the employer must respond truthfully. If you believe a dismissal is abusive, you must object in writing before the notice period expires.

What are my rights during sickness

After probation, the employer must continue paying salary for a limited time during illness, with the length depending on years of service unless a daily sickness benefits insurance of at least equivalent value is in place. You should notify your employer promptly and provide medical certificates as requested. Termination is blocked during defined periods after probation.

How does maternity or paternity leave work

Eligible mothers receive 14 weeks of paid maternity leave at 80 percent of income up to a statutory daily cap, starting after childbirth. Eligible fathers receive two weeks of paid paternity leave, which can usually be taken within six months after birth, also at 80 percent up to the cap. Adoption leave of two weeks exists for adopting a young child. Employment protection applies during pregnancy and for 16 weeks after birth.

Is there a minimum wage in Arlesheim

There is no federal minimum wage. Some cantons set their own minimum wage. As of the latest guidance, Basel Landschaft does not have a general cantonal minimum wage. Sectoral collective bargaining agreements may set binding minimum wages in specific industries, so you should check whether a CBA applies to your job.

What can I do if I am harassed or discriminated against at work

Document what happens, keep evidence, and report it internally according to your employer’s policy. You can seek advice from a lawyer or from the cantonal equality office. Swiss law requires employers to protect personality rights and prohibits discrimination and sexual harassment. Remedies can include stopping the conduct, compensation, and damages.

Can my employer enforce a non compete clause

Non compete clauses must be in writing and limited in time, geography, and scope. They are valid only if you had access to confidential information or customer relationships that could harm the employer if misused. Courts can reduce or refuse to enforce excessive restrictions. Non compete clauses usually cease to apply if the employer terminates without the employee’s fault.

How do I start a legal claim in Arlesheim

Most employment claims start by filing a request with the conciliation authority for employment disputes in Basel Landschaft, which serves Arlesheim. If conciliation fails, you may bring the case to the civil court. For claims up to 30,000 Swiss francs, simplified rules apply. Important deadlines apply, including a 180 day limit to claim compensation for abusive dismissal after the end of employment.

What happens if I am injured at work

Report the accident to your employer immediately. Mandatory accident insurance covers medical costs and daily allowances if you are unable to work. If fault or safety breaches are involved, additional claims may be possible. Keep detailed records and seek advice early if there are disputes about benefits or return to work.

Additional Resources

State Secretariat for Economic Affairs SECO. Publishes guidance on the Labour Act, working time, night and Sunday work, and permits. Useful for understanding baseline rights and employer obligations.

Basel Landschaft Labour Inspectorate. The cantonal inspectorate monitors compliance with working time, health and safety, and youth employment rules. It can answer practical questions and conduct inspections.

Basel Landschaft Office for Economy and Labour, including the Regional Employment Center RAV. Provides unemployment insurance services, job seeker support, and employer guidance on redundancies and work permits.

Conciliation Authority and Civil Courts in Basel Landschaft. Handle employment disputes for residents and employers in Arlesheim. The conciliation authority is the first stop for most employment claims.

Federal Office for Gender Equality EBG and the Cantonal Office for Equality of Women and Men Basel Landschaft. Offer information and assistance on gender equality, sexual harassment, and equal pay matters.

Swiss Accident Insurance SUVA and other UVG insurers. Provide accident insurance coverage and guidance on reporting, benefits, and rehabilitation.

Professional associations and unions active in your sector. They can advise on collective agreements, minimum conditions, and legal support options for members.

Next Steps

Clarify your goals and gather evidence. Collect your employment contract, amendments, policies, pay slips, time records, medical certificates, emails, and notes of conversations. Write down a timeline of key events and identify witnesses.

Watch the deadlines. If you suspect abusive or discriminatory dismissal, object in writing before the end of your notice period. For compensation for abusive dismissal, file your claim within 180 days after your employment ends. Wage and bonus claims are generally subject to a five year limitation period, but do not wait if you can avoid it.

Seek early advice. A short consultation with a local employment lawyer can prevent mistakes and improve your negotiating position. If you are facing immediate deadlines, ask the lawyer to help you draft the necessary objection letter or conciliation request.

Try internal resolution where appropriate. Use grievance channels, HR, or a trusted manager to raise concerns. Keep your communication factual and professional. If the issue involves harassment or safety, report promptly and ask for protective measures.

Start the conciliation process if needed. Prepare a concise summary of your claim and the remedy you seek, then file with the competent conciliation authority for employment disputes in Basel Landschaft. Many cases settle at this stage at low cost.

Protect your income. If you expect unemployment, register with the Regional Employment Center RAV as soon as you are notified of termination, ideally before your first day of unemployment. Follow the instructions on job searching and documentation to avoid benefit penalties.

Consider negotiation and settlement. Many disputes resolve through negotiated agreements that address references, garden leave, release of claims, and a severance payment. A lawyer can help you evaluate offers and draft wording that avoids future risk.

If necessary, proceed to court. Should conciliation fail and settlement not be possible, your lawyer can file suit in the competent civil court. For disputes up to 30,000 Swiss francs, procedures are simplified and costs are limited, which can make litigation more accessible.

This guide provides general information only and is not legal advice. For advice tailored to your situation in Arlesheim, consult a qualified Swiss employment lawyer.