Best Employment Rights Lawyers in Dornach

About Employment Rights Law in Dornach, Switzerland

Employment in Dornach is governed primarily by Swiss federal law, which applies uniformly across the country. The Swiss Code of Obligations sets the foundation for employment contracts, termination rules, wages, holidays, and many day-to-day rights and duties. The Federal Labour Act sets limits on working time, rest, night and Sunday work, and occupational health and safety. Other important federal acts cover equality and anti-discrimination, data protection, accident insurance, unemployment insurance, and occupational pensions. Cantonal and communal rules can affect public holidays and certain procedures, and sectoral collective bargaining agreements can add rights or set minimum standards in specific industries. Because Dornach sits in the canton of Solothurn and near the Basel region, cross-border work patterns and telework rules can also be relevant.

This guide gives practical information for employees and employers in Dornach who are new to Swiss employment law. It is general information and not legal advice for a specific case.

Why You May Need a Lawyer

Legal help can be essential if you are facing termination or negotiating a severance package, especially in restructuring or collective redundancies. A lawyer can assess whether a dismissal is abusive, whether notice periods or protection periods were respected, and whether a claim for compensation or outstanding wages is feasible.

Contracts and policies often contain clauses on non-compete, confidentiality, bonus, overtime, variable pay, and working time. Counsel can review whether these clauses are valid and enforceable, and help you renegotiate unfair terms. This is particularly important for senior staff and commissioned or bonus-based roles.

Workplace issues like harassment, discrimination, unequal pay, or retaliation require swift and discrete action. A lawyer can help you report issues internally, preserve evidence, and pursue remedies under the Gender Equality Act and the general duty to protect employee personality rights.

Illness, accident, maternity or paternity leave, and disability accommodation often raise questions about salary continuation, insurance coverage, and job protection. A lawyer can coordinate between employer obligations, accident insurance, daily sickness benefits insurance, and social insurance schemes.

Cross-border work, telework, and permits can create complex questions about social security, taxation, and immigration status. Legal advice helps avoid unintended consequences when working from home across borders or changing residence or permit type.

For employers, counsel can help draft compliant contracts and policies, implement working time recording, conduct workplace investigations, manage performance issues, and plan restructurings in line with consultation and notification duties.

Local Laws Overview

Employment contracts and probation. Swiss law is flexible and permits written, oral, or implied contracts, although written terms are strongly recommended. The default probation period is one month and can be extended by written agreement to a maximum of three months. Absences during probation typically extend it by the number of absent days.

Working time and overtime. The Labour Act sets weekly maximum working hours, generally 45 hours for office and industrial workers and 50 hours for others. Employers must keep records of working time, with limited simplified recording possible for certain higher-earning employees by agreement. Overtime under the Code of Obligations must be compensated with time off of equal duration or paid with a 25 percent premium unless a different arrangement is validly agreed in writing or a collective agreement applies. Overtime that exceeds the statutory maximum working time is subject to stricter compensation rules.

Wages, bonuses, and minimum pay. There is no general national or Solothurn cantonal minimum wage. Some sectors have binding collective agreements that set minimum wages and supplements. A 13th month salary is due only if agreed or customary in the company or sector. Variable pay such as bonuses may be considered wage or discretionary gratification depending on structure and practice, which affects whether it must be paid.

Holidays and leave. The minimum vacation is four weeks per year for adults and five weeks for employees under 20. Vacation should be taken in time off and may only be paid out when employment ends. Public holidays are set by canton and municipality. The only nationwide paid public holiday is 1 August. Check your contract and Solothurn calendars for local holidays in Dornach.

Termination and protection. Ordinary termination is permitted by either party with notice, subject to legal notice periods and protections. Unless agreed otherwise in writing or by collective agreement, notice is seven days during probation, then one month in the first year, two months in years two to nine, and three months thereafter, all to the end of a month. Termination is suspended during protection periods, such as illness or accident after probation, pregnancy and 16 weeks after childbirth, and certain military or civil service periods. Dismissals for abusive reasons can lead to compensation of up to six months pay, but the termination generally remains effective.

Sickness and accident. After the probation period, salary must continue for a limited time during sickness if the employment has lasted, or was concluded, for more than three months. The length depends on jurisprudential scales or on an agreed daily sickness benefits insurance policy. Employer accident insurance is mandatory and covers occupational accidents and, if the employee works eight hours or more per week for the employer, also non-occupational accidents. Benefits may include medical costs and daily allowances.

Family leaves. Maternity leave is at least 14 weeks paid at 80 percent through social insurance. Paternity leave is 2 weeks at 80 percent. Adoption leave exists for the adoption of a child under a specified age. Some employers offer additional paid or unpaid leave by policy or agreement.

Equality, harassment, and personality rights. Employers must protect the personality and health of employees and prevent sexual harassment. The Gender Equality Act prohibits discrimination based on sex, including equal pay issues. Employees can seek injunctive relief, compensation, and corrective measures.

Non-compete clauses. Post-contractual non-compete covenants must be in writing and reasonable in time, geography, and scope. They normally may not exceed three years unless special circumstances justify a longer duration. They are enforceable only if the employee had access to sensitive information and if a legitimate business interest exists.

Transfers, restructurings, and mass layoffs. In a transfer of business, employment contracts transfer by law to the acquirer unless the employee objects. In collective redundancies, employers must consult with employees and notify the cantonal employment office and follow statutory processes. Large companies may have to negotiate a social plan.

Data protection and monitoring. The employer may process employee data only for employment-related purposes, must ensure proportionality and transparency, and must protect data. Monitoring of emails or cameras must be limited and targeted. Employees have rights of access and information.

Cross-border work and permits. Foreign nationals generally need a permit to work in Switzerland and must comply with quota and labor market rules where applicable. Cross-border commuters and telework can affect social insurance and tax. Special multilateral arrangements may allow cross-border telework up to a threshold without changing social security affiliation. Seek advice if you work across Swiss-EU borders from Dornach.

Local enforcement and bodies. Labour inspection and occupational safety oversight in Solothurn are handled by the cantonal labour inspectorate. Employment disputes usually start with a conciliation authority for employment matters before proceeding to court. Unemployment services are available through regional employment centers in the canton.

Frequently Asked Questions

What laws apply to my job in Dornach?

Most employment rights come from Swiss federal law, especially the Code of Obligations and the Labour Act. Federal insurance laws cover accidents, unemployment, and pensions. Cantonal rules in Solothurn affect public holidays and some procedures, and collective agreements can set sector-specific standards. Your written contract and employer policies also matter.

What is the minimum notice period for termination?

Unless a different period is agreed in writing or by a collective agreement, the notice period is seven days during probation, then one month in the first year, two months in years two to nine, and three months from the tenth year, all to the end of a month. Both employer and employee must respect the same notice period.

Can I be fired while I am sick or pregnant?

After probation, the law suspends termination during certain protection periods. During illness or accident the suspension is 30 days in the first year, 90 days in years two to five, and 180 days from the sixth year. Pregnancy and the 16 weeks after childbirth are protected. Terminations notified during these periods are invalid.

How many vacation days do I get?

The legal minimum is four weeks per year for adults and five weeks for employees under 20. Employers can grant more by contract or policy. Vacation must be taken as time off and generally cannot be replaced by cash except when the employment ends.

How is overtime paid?

Overtime beyond the agreed weekly hours must be compensated by equal time off or paid with a 25 percent premium unless there is a valid written agreement or a collective agreement that provides otherwise. Work beyond the statutory maximum weekly hours is subject to stricter premium rules. Senior roles sometimes have overtime included, but this must be clear and reasonable.

What are my rights if I experience harassment or discrimination?

Employers must prevent harassment and protect your personality rights. The Gender Equality Act prohibits discrimination based on sex, including equal pay and sexual harassment. You can demand that the employer take measures, and you may be entitled to compensation. Keep records, report issues promptly, and seek legal advice.

Am I entitled to paid maternity or paternity leave?

Maternity leave is at least 14 weeks paid at 80 percent through social insurance if eligibility conditions are met. Paternity leave is 2 weeks at 80 percent. Adoption leave exists for the adoption of a young child. Your contract may offer additional benefits.

Do I have a right to a reference letter?

Yes. You can request a full certificate describing the nature and duration of employment and performance and conduct, or a simple confirmation stating only role and dates. The certificate must be truthful and benevolent in form.

Is there a minimum wage in Dornach or Solothurn?

There is no general Swiss or Solothurn cantonal minimum wage. However, some sectors are covered by binding collective agreements that set minimum pay and supplements. Check whether your industry has such an agreement.

What deadlines apply if I want to challenge an unfair dismissal?

You must object in writing to the employer before the end of the notice period, stating that you consider the dismissal abusive. If no settlement is reached, you must bring your claim to the competent authority within 180 days of the end of the employment. Claims for unpaid wages typically become time barred after five years.

Additional Resources

Amt für Wirtschaft und Arbeit des Kantons Solothurn - includes the labour inspectorate, collective redundancy notifications, and employer advisory services.

Schlichtungsbehörde in Arbeitsstreitigkeiten im Kanton Solothurn - the conciliation authority for employment disputes that is the first stop before court.

Regionale Arbeitsvermittlungszentren RAV Solothurn - regional employment centers for job seekers and unemployment insurance matters.

Staatssekretariat für Wirtschaft SECO - federal guidance on labour law, working time, collective agreements, and short-time work compensation.

Suva - Swiss accident insurance institution for occupational safety and accident coverage in many industries.

Bundesamt für Sozialversicherungen BSV - information on maternity, paternity, and other income replacement schemes and social insurance.

Schweizerischer Gewerkschaftsbund and unions such as Unia and Syna - advice and representation for workers, and information on sectoral agreements.

Solothurnischer Anwaltsverband - directory to find licensed attorneys in the canton for employment law advice.

Eidgenössisches Büro für die Gleichstellung von Frau und Mann - federal office offering information and tools on equal pay and gender equality.

Eidgenössischer Datenschutz- und Öffentlichkeitsbeauftragter - guidance on workplace data protection and employee privacy.

Next Steps

Document your situation. Collect your employment contract, amendments, policies, time records, payslips, bonus plans, emails, and any notes of meetings or incidents. Create a clear timeline with dates.

Raise concerns internally where appropriate. Use your manager, HR, or designated reporting channels. Keep records of what you reported and when. In harassment or discrimination cases, ask for protective measures in writing.

Watch the deadlines. For an abusive dismissal claim you must object in writing before the end of the notice period and file within 180 days after the end of employment. Wage and bonus claims can expire after five years. Some insurance notifications have short time limits.

Seek early legal advice. A Dornach or Solothurn based employment lawyer can assess your rights, help you negotiate, and represent you before the conciliation authority and courts. If you have limited means, ask about unentgeltliche Rechtspflege, which is legal aid for qualifying cases.

Consider regulatory and insurance aspects. If you have an accident or illness, notify the correct insurer promptly. If a mass layoff is announced, ask about consultation processes and potential social plan rights. If you are a cross-border worker or teleworking internationally, check social security and permit implications before making changes.

If you decide to proceed, your lawyer will typically start with a demand letter or represent you in conciliation. Many disputes settle at this stage. If needed, the case can then be filed in court. Throughout, continue to mitigate your losses and follow reasonable employer instructions, unless they are unlawful or unsafe.