Best Employment Rights Lawyers in Dornach

About Employment Rights Law in Dornach, Switzerland

Employment rights in Dornach are primarily governed by federal Swiss law, with some cantonal features that matter in practice. Most private employment relationships are regulated by the Swiss Code of Obligations, which sets the rules for contracts, working relationships, notice periods, termination, and compensation. The Swiss Labour Act governs working time, rest, night and Sunday work, and health and safety for many sectors. Additional federal acts address equality, data protection, social insurance, and accident insurance. Dornach is in the Canton of Solothurn, so cantonal rules apply for issues like officially recognized public holidays and the competent authorities for inspections, conciliation, and job market services.

Many employers use standard contracts or collective bargaining agreements. However, mandatory protections under federal law apply regardless of what is written in a contract. Employees and employers in Dornach also interact with local offices, such as the Solothurn labour inspectorate and the cantonal employment office, for permits, inspections, and mass layoff procedures.

Why You May Need a Lawyer

You may need legal help if you are facing termination or restructuring and want to understand your rights regarding notice periods, protection periods during illness or pregnancy, and compensation for abusive dismissal. Swiss law has strict rules on timing and objections that can affect outcomes.

Advice is valuable when pay or benefits are disputed, for example unpaid overtime or extra hours, 13th month salary, bonuses and variable pay, vacation pay, or expense reimbursements. The legal distinction between discretionary bonuses and salary-linked variable pay can be complex.

Workplace issues often require legal assessment, such as harassment or discrimination, duty of care violations, health and safety concerns, or requests for reasonable accommodations. Employers have a duty to protect personality and health at work and must act against harassment.

Contracts and policies should be reviewed before signing, especially non-compete agreements, confidentiality clauses, intellectual property terms, and post-termination restrictions. Non-competes must be proportionate and justified to be enforceable.

Cross-border employment, permits, and relocations can raise questions about residence or cross-border commuter status, social insurance coverage, and taxation. Dornach is near the Basel region with many cross-border workers, so correct permit classification and insurance coverage is crucial.

If you have an accident or illness, a lawyer can clarify the interaction between the Swiss accident insurance system, daily sickness benefits insurance, salary continuation duties, and job protection periods.

In case of employer insolvency or mass layoffs, legal support helps with insolvency compensation claims, consultation rights, and potential social plan entitlements.

Local Laws Overview

Employment contracts and termination are governed by the Swiss Code of Obligations. Trial period is one month by default and can be extended up to three months in writing. Default notice after probation is one month in the first year, two months in years two to nine, and three months from year ten, each to the end of a month unless a different end date is validly agreed. Shorter notice during probation is seven days unless agreed otherwise.

Termination is prohibited or suspended during protected periods after probation: during compulsory Swiss military or civil service, during illness or accident for 30 days in year one, 90 days in years two to five, and 180 days from year six, and during pregnancy and 16 weeks after birth. Notices given during such periods are invalid. An abusive dismissal can lead to compensation up to six months salary, but the employee must object in writing before the end of the notice period and file the claim within 180 days after the end of employment.

Working time is regulated by the Labour Act for many, though not all, sectors. Maximum weekly hours are typically 45 hours for industrial, office, and technical employees and 50 hours for others. Overtime under the Code of Obligations is work above the contractual hours and should be compensated by time off 1 to 1 unless paid out, in which case a 25 percent premium applies unless validly waived. Extra hours above the statutory maximum are subject to stricter limits and a 25 percent premium, with annual caps depending on the category of employee. Night and Sunday work generally require authorization and compensation or time off.

Vacation entitlement is at least four weeks per year, five weeks for employees up to their 20th birthday. Vacation is usually taken in kind and not paid out during employment except in limited cases. Public holidays are set by the canton. The Canton of Solothurn defines its official public holidays in addition to the nationwide Swiss National Day on 1 August. Whether public holidays are paid days off can depend on your contract or collective agreement.

Pay and equality are governed by several acts. There is no nationwide general minimum wage, but some sectors have collective agreements with minimum rates and some cantons set minimum wages, which do not currently apply in Solothurn. The Gender Equality Act prohibits discrimination in employment and requires equal pay for equal work or work of equal value. Employers with 100 or more employees must periodically conduct an equal pay analysis under federal rules. Employers must also protect personality rights and prevent sexual harassment at work.

Social insurance is mandatory. Employers and employees contribute to old age and survivors insurance, disability insurance, and loss of earnings schemes, as well as unemployment insurance. Occupational pensions are mandatory above certain salary thresholds. Employers must insure employees against occupational accidents and, for most with significant working hours, non-occupational accidents. Salary continuation during illness after three months of employment follows statutory rules and local case law scales, often supplemented by daily sickness benefits insurance under many employment contracts or collective agreements.

Family leave rights include 14 weeks of paid maternity leave funded by the loss of earnings scheme at 80 percent up to a capped amount, two weeks of paid paternity leave, and a short-term carer leave for the care of family members. Parents who adopt may be entitled to two weeks of paid adoption leave under federal provisions for the adoption of a child under a defined age threshold.

Data protection rules under the revised Federal Act on Data Protection apply to employee data. Employers must process personal data lawfully and transparently, limit it to what is necessary for employment, and secure it appropriately. Cross-border transfers require special safeguards.

Non-competition clauses must be in writing, limited in time, geography, and scope, and justified by a legitimate business interest. A typical maximum is up to three years, with broader clauses requiring stronger justification.

Collective rights include special procedures for mass layoffs. Employers planning a mass layoff must consult employees and notify the competent cantonal employment office in Solothurn. Larger companies may be required to negotiate a social plan. Participation rights and works councils are more limited in Switzerland than in some neighboring countries, but information and consultation duties apply in defined circumstances.

Disputes are usually handled first by a conciliation authority in employment matters. For claims up to 30,000 Swiss francs, proceedings are simplified and typically free of court fees for employees. In Dornach, the competent conciliation body and labour courts operate under Canton of Solothurn procedures.

Frequently Asked Questions

What is the standard notice period if nothing is written in my contract

After the trial period, the default is one month in the first year of service, two months in years two to nine, and three months from year ten, each to the end of a month. During the trial period, the default notice is seven days. Contracts and collective agreements can validly change these within legal limits.

Can my employer dismiss me while I am sick or pregnant

After the trial period, there are protection periods. Dismissal during pregnancy and 16 weeks after birth is prohibited. During illness or accident, dismissal is barred for 30 days in the first year, 90 days in years two to five, and 180 days from year six. Notices given in these blocked periods are invalid, and notices given before the period are suspended.

Am I entitled to overtime pay

If you work beyond your contractual hours, overtime is generally compensated by time off 1 to 1 or, if paid out, typically with a 25 percent premium unless a different arrangement is validly agreed in writing. Extra hours that exceed statutory maximums under the Labour Act trigger stricter rules and a mandatory 25 percent premium with annual caps.

How much vacation do I get

The legal minimum is four weeks per year, five weeks until your 20th birthday. Collective agreements or contracts can grant more. Vacation should be taken in kind and is usually not paid out during the employment relationship except at the end when unused vacation must be settled.

Is there a minimum wage in Dornach

There is no nationwide general minimum wage and the Canton of Solothurn does not currently have a cantonal minimum wage. However, some sectors have binding collective agreements with minimum pay. Always check your sector and contract.

What are my rights against harassment or discrimination

Employers must protect your personality and health at work and must prevent and address harassment, including sexual harassment. The Gender Equality Act prohibits discrimination based on sex, including pregnancy and pay inequality. Employees can seek injunctive relief, damages, and compensation in case of violations.

Can my employer force me to work on Sundays or at night

Night and Sunday work are restricted. They generally require authorization and trigger compensation or time off rules. There are exceptions in certain sectors. If you are regularly assigned to night or Sunday work, check whether the employer has authorization and provides the required compensation or time off.

What is a non-compete clause and is it enforceable

A non-compete clause restricts you from competing after you leave. It must be in writing, limited in time, geography, and scope, and justified by access to specific business secrets or client information. Overbroad clauses may not be enforceable or may be reduced by a court. Penalty clauses are common but must be proportionate.

What happens if my employer becomes insolvent and wages are unpaid

You can apply for insolvency compensation from the unemployment insurance fund, which can cover outstanding wages for up to the last four months before insolvency. Act quickly and keep all payslips, contracts, and time records to support your claim.

How do I start a legal claim in Solothurn for an employment dispute

Most cases begin at the conciliation authority in employment matters for your district. For Dornach, this is within the Canton of Solothurn system. For claims up to 30,000 Swiss francs, procedures are simplified and employees usually do not pay court fees. Observe deadlines, such as the 180 day period for claims related to abusive dismissal.

Additional Resources

State Secretariat for Economic Affairs SECO - publishes federal guidance on working time, rest periods, and mass layoffs, and provides general information for employers and employees.

Canton of Solothurn Labour Inspectorate - supervises compliance with the Labour Act, including working time, health, and safety, and handles authorizations for night and Sunday work.

Canton of Solothurn Office for Economy and Labour AWA - responsible for labor market measures, notifications of mass layoffs, and support services for job seekers.

Unemployment Insurance Fund in Solothurn - processes claims for unemployment benefits and insolvency compensation for unpaid wages.

Trade unions such as Unia and Syna - offer advice and representation to members, negotiate collective agreements, and assist with workplace issues in the region.

Solothurn Bar Association - directory of licensed attorneys, including specialists in employment law who practice in the Dorneck-Thierstein district and surrounding areas.

Conciliation Authority in Employment Matters for Dorneck-Thierstein - first instance for many employment disputes, providing mandatory conciliation before a court case.

Next Steps

Collect key documents, including your signed contract and amendments, staff handbook or policies, payslips, time records, correspondence, medical certificates, and any performance reviews. Accurate records are essential for assessing claims and defenses.

Check deadlines. If you believe a dismissal is abusive, you must object in writing before the notice period ends and file your claim within 180 days of the termination date. Wage claims and bonus disputes also have limitation periods, so do not delay.

Request a reference letter. You have the right to a truthful and benevolent employment reference at any time. If you disagree with its content, you can seek corrections.

Seek advice early. A local employment lawyer can evaluate your situation, calculate entitlements, negotiate a settlement, or represent you in conciliation and court. If you are a union member, contact your union for support.

Engage with local authorities when needed. For working time or safety concerns, the Solothurn labour inspectorate can advise. For unemployment or insolvency compensation, contact the unemployment insurance fund. For mass layoff situations, follow consultation procedures and seek guidance from the AWA.

Consider amicable resolution. Many employment disputes in Switzerland settle at the conciliation stage. Well prepared documentation and a clear understanding of your rights and obligations can lead to a fair and efficient solution.

This guide provides general information about employment rights in Dornach and does not replace tailored legal advice. For personalized guidance, consult a qualified employment lawyer familiar with Canton of Solothurn practice.