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This guide provides a practical introduction to employment rights for people living or working in Chur, the capital of the Canton of Graubunden. Employment law in Switzerland is largely governed by federal legislation, in particular the Code of Obligations for individual employment contracts, complemented by sectoral rules, social insurance regimes and cantonal provisions. Many workplace issues are handled through contractual clauses, collective labour agreements and case law. In Chur you will also encounter cantonal authorities and local institutions that administer labour market measures, inspections and social benefits.
Employment disputes can involve complex interactions between contract terms, statutory protections and procedural deadlines. You may need a lawyer if you face any of the following situations:
- Termination or potential dismissal - to check notice periods, claim protection against abusive dismissal, or negotiate severance.
- Unpaid wages, overtime or incorrect payroll deductions - to recover outstanding salary, holiday pay or compensation for overtime.
- Discrimination, harassment or workplace bullying - to obtain immediate protection and remedies under equality and labour rules.
- Contract drafting or negotiation - reviewing employment contracts, non-compete clauses, confidentiality agreements or amendments.
- Social insurance, sickness or accident disputes - to claim benefits from AHV/IV/EO, unemployment insurance or occupational pension schemes.
- Collective issues - collective redundancies, works council concerns or conflicts under a collective bargaining agreement.
- Enforcement and litigation - when mediation fails and court or arbitration proceedings are necessary.
Key aspects of law and practice that are particularly relevant in Chur and the Canton of Graubunden include the following.
- Individual Employment Contracts - The Code of Obligations (Obligationenrecht) sets out core rules on formation, termination, probation, notice periods, duties of the employer and employee, and remedies for breach.
- Notice Periods and Termination - Employers and employees may terminate contracts respecting statutory or contractual notice periods. Terminations without notice are only valid for serious cause.
- Protection Against Unfair or Abusive Dismissal - Swiss law protects employees in certain situations, for example during pregnancy, compulsory military or civil service, and for a limited period during illness or accident. Abusive dismissals may give rise to damages.
- Working Time and Overtime - Working hours are regulated by federal labour law and sector rules. Overtime is typically compensated by extra pay or time off, unless special exemptions apply.
- Vacation and Leave - Minimum paid leave is prescribed by law, with special provisions for youth, maternity leave and statutory public holidays, noting that public holidays vary by canton.
- Social Insurance and Benefits - Employees are covered by national insurance schemes for old-age, disability, unemployment and loss of earnings. Employers also must respect accident insurance and occupational pension requirements.
- Non-Compete Clauses and Confidentiality - Non-compete clauses must be in writing, reasonable in scope, duration and geographic reach, and be justified by legitimate business interests. Swiss courts scrutinize their enforceability.
- Collective Agreements and Trade Unions - Where a collective labour agreement applies it can set sectoral minimums and procedures. Trade unions, such as national or regional unions, are active advocates for employee rights.
- Cantonal Administration and Inspections - Cantonal labour inspectors and authorities supervise compliance with occupational safety, working time and certain public-law employment obligations.
In Switzerland employers generally may terminate an employment relationship without stating a reason, provided the termination is not abusive and statutory or contractual notice periods are respected. Certain dismissals are prohibited or restricted - for example during pregnancy or military service, and within statutory protection periods for illness or accident. If you believe your dismissal is abusive or discriminatory you should seek advice promptly.
Notice periods are determined by the employment contract or by statutory rules when not contractually agreed. The Code of Obligations contains default notice periods that vary by length of service. Probationary periods commonly carry shorter notice periods. Always check your contract for specific terms and act in good time if you need to challenge a termination.
There is no general statutory right to severance pay in Switzerland. Severance is payable only where it is agreed in the employment contract, provided by a collective agreement, or awarded by a court in exceptional cases such as abusive dismissal where compensation is justified. Many employers negotiate a settlement to reduce litigation risk.
Employees generally retain a right to continued salary payments for a limited period when unable to work due to illness or accident, subject to the terms of the employment contract and any collective agreement. Social insurance and accident insurance may provide benefits. There are statutory protection periods during which dismissal is limited. Exact entitlements depend on your contract, length of service and insurance coverage.
Overtime rules depend on the type of work and applicable law or collective agreement. In many cases overtime must be compensated by a premium payment or by time off in lieu. Some senior or managerial roles may be excluded from overtime compensation. Keep careful records of hours worked and consult a lawyer or the labour inspectorate if your employer refuses to pay.
Swiss law prohibits discrimination on several grounds, including gender. The Federal Act on Gender Equality and other provisions address unlawful discrimination and harassment. Employers have a duty to provide a safe workplace and to take reasonable steps to prevent and remedy harassment. You can report incidents internally, to cantonal equality offices or seek legal advice to pursue claims.
Non-compete clauses are enforceable only if they are in writing, protect legitimate business interests, and are reasonable in duration, geographic scope and subject matter. Excessively broad clauses may be invalid. If a clause restricts your ability to work, consult a lawyer to assess enforceability and whether compensation or modification is appropriate.
First document the missing payments - keep pay slips, employment contract, bank statements and correspondence. Request payment in writing and set a reasonable deadline. If the employer fails to pay, consider legal action to recover wages - this can include filing a claim in the civil court or using debt enforcement procedures. A lawyer can advise on urgent steps and the best enforcement method.
Yes, if a dismissal is abusive or breaches statutory protections you may be entitled to damages. Swiss courts may award compensation when the employer violates good faith or dismisses for prohibited reasons. There are procedural time limits for bringing claims, and remedies vary with the facts. Seek advice quickly to preserve your rights.
Employment disputes are typically handled through negotiation, mediation, cantonal authorities or civil courts depending on the issue. Many disputes are first addressed through internal grievance procedures or mediation. For formal legal actions you will usually need to file with the competent cantonal court or pursue debt enforcement processes. A local lawyer can guide you on the correct forum and procedural steps.
The following types of resources can help you find information and support in Chur and the Canton of Graubunden.
- Federal bodies for national guidance - for labour law summaries and social insurance information consult federal institutions that publish guidance on employment rights.
- Cantonal labour inspectorate and employment offices - these authorities can advise on working time, occupational safety and labour market measures in the canton.
- Cantonal equality office - for matters relating to discrimination, gender equality and harassment you can contact the cantonal office responsible for equality issues.
- Trade unions and employee associations - unions provide advice, representation and negotiation support, particularly for collective matters and workplace disputes.
- Legal aid and the bar association - if you have limited means you may be eligible for legal aid through the cantonal legal aid system. The cantonal or national bar association can help you find qualified employment lawyers.
- Insurance and ombuds services - many people have legal expenses insurance that covers employment disputes. An ombuds or mediation service may also provide dispute resolution without court proceedings.
If you need legal assistance with an employment matter in Chur, follow these practical steps:
- Gather documents - collect your employment contract, pay slips, correspondence, written warnings, time records and any other relevant evidence.
- Create a timeline - write a clear chronology of events, meetings and communications to help your adviser understand the facts quickly.
- Seek initial advice - book a consultation with a local employment lawyer or a trade union representative to assess your situation and options.
- Consider urgency and deadlines - act quickly where there are short limitation periods or statutory protection windows. Some claims must be started within specific timeframes.
- Try negotiation or mediation first - many disputes can be resolved by negotiation, leading to a faster, less costly outcome than litigation.
- Prepare for formal action if necessary - if negotiation fails, work with your lawyer to file claims, protect evidence and pursue remedies in the appropriate forum.
Facing a workplace dispute can be stressful. A local specialist in employment law can explain your rights under Swiss federal law and any cantonal particularities in Graubunden, assess the merits of your claim and represent your interests effectively.
