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Employment rights in Lugano, Switzerland, are governed by a mix of federal and cantonal laws. As part of the Italian-speaking region of Switzerland, Lugano adheres closely to the Swiss Code of Obligations (CO), which outlines the foundational legal framework for employment relationships across the country. However, local customs, collective agreements, and supplementary cantonal regulations also have significant influence. Employment rights aim to safeguard employees against unfair dismissal, ensure fair working conditions, and regulate matters such as wages, work hours, holiday entitlement, and workplace discrimination. Both employees and employers in Lugano should be familiar with their respective rights and obligations under Swiss law.
There are numerous scenarios where individuals and businesses in Lugano may require assistance from employment law specialists. Common situations include disputes regarding wrongful dismissal, questions concerning employment contracts, issues with salary payments, workplace harassment or discrimination claims, negotiating redundancy packages, or understanding rights after a company restructure. Employees facing unfair treatment, or employers needing guidance on compliance with local laws, can both benefit from seeking professional legal assistance to protect their interests and ensure that all actions taken are lawful and justified.
Employment law in Lugano is primarily regulated by the Swiss Code of Obligations (CO) and the Swiss Labour Law (Arbeitsgesetz/Loi sur le travail). Key aspects include:
You have the right to fair and respectful treatment, payment of agreed salary, reasonable working hours, annual paid leave, protection from unjustified dismissal, and freedom from workplace discrimination and harassment.
Swiss law allows for both verbal and written employment contracts, but written contracts are highly recommended to avoid misunderstandings and to clearly define the terms of employment.
The standard probation period is one month, but it can be extended to a maximum of three months if specified in the contract.
Notice periods during the first year of employment are typically one month. After one year, the notice period increases, generally to two months, and later three months after ten years. Contracts or CBAs may specify different periods.
There is no general legal entitlement to severance pay in Switzerland, unless provided in the contract or where dismissal is proven to be abusive. Employees over the age of 50 with at least 20 years in the company may be entitled to compensation.
If you believe your dismissal is abusive or discriminatory, you can challenge it in court and may be entitled to compensation of up to six months’ salary.
Discrimination based on gender, ethnicity, religion, sexual orientation, age, and other protected characteristics is prohibited by law. Victims can bring claims before civil courts.
Employees are entitled to at least four weeks of paid annual leave per year. Young employees under 20 are entitled to five weeks.
Yes, mothers are entitled to at least 14 weeks’ paid maternity leave, and fathers may receive up to two weeks’ paternity leave. There may also be provisions for parental leave in specific CBAs.
Both employers and employees contribute to the Swiss social security system, including for old age, survivors, disability, unemployment, accident insurance, and pension schemes. Deductions are made directly from wages.
If you believe your employment rights may have been violated or you need advice on employment contracts, termination, or workplace issues in Lugano, it is advisable to:
Acting promptly ensures your rights are protected and improves the likelihood of a positive outcome, whether through negotiation, mediation, or the courts.
