Best Hiring & Firing Lawyers in Arlesheim

About Hiring & Firing Law in Arlesheim, Switzerland

Hiring and firing in Arlesheim takes place under Swiss federal law, with procedures and dispute resolution handled in the canton of Basel-Landschaft. Employment relationships are largely governed by the Swiss Code of Obligations, the Labour Act, the Gender Equality Act, the Federal Act on Data Protection, and various ordinances. Collective bargaining agreements may add sector-specific rules. While Switzerland is employer-friendly in terms of contractual freedom, there are clear protections for employees regarding notice periods, abusive or invalid terminations, protected periods during illness and maternity, and workplace health and safety. Arlesheim employers and employees should also be aware of cantonal processes for conciliation and court proceedings if disputes arise.

Why You May Need a Lawyer

You may need a lawyer when drafting or reviewing employment contracts, bonus plans, and non-compete clauses to ensure they are enforceable and balanced. Legal help is also useful when handling sensitive hiring topics such as background checks, reference requests, and data privacy obligations. During termination situations, a lawyer can assess whether a dismissal is valid, abusive, or prohibited because of a protected period, and can help calculate notice periods, compensation, and outstanding benefits.

Employers often seek counsel when planning reorganizations, mass layoffs, or social plans, or when navigating performance management, warnings, and immediate dismissals for cause. Employees frequently need advice when facing sudden termination, negotiating exit terms or a reference letter, or challenging discriminatory treatment or sexual harassment. Cross-border hiring, work permits, staff leasing, and compliance with collective bargaining agreements are other common reasons to get legal support in Arlesheim.

Local Laws Overview

Contract formation and content are primarily regulated by the Swiss Code of Obligations. Written contracts are not mandatory but are strongly recommended. Trial periods are one month by default and can be extended up to three months by written agreement, or up to six months if authorized by a collective bargaining agreement.

Notice periods are seven days during probation, one month in the first year of service, two months from the second to the ninth year, and three months from the tenth year onward, unless a valid written agreement or collective agreement sets different but reciprocal periods. Notice must be given in a form that can be evidenced in writing, and employees can request written reasons for termination.

Terminations are invalid during protected or blocking periods. These include pregnancy and 16 weeks after childbirth, military or civil service, and sickness or accident for 30 days in the first year, 90 days in the second to fifth years, and 180 days from the sixth year. If notice is given and a blocking period starts, the notice period is suspended. Dismissal can be abusive if it violates personality rights or is based on characteristics such as union membership or exercising constitutional rights. Abusive dismissal does not reinstate employment but may lead to compensation up to six months of pay.

Immediate termination for just cause is permitted if the employment relationship cannot reasonably continue. It requires serious reasons and prompt action. Otherwise, damages may be due. Garden leave is allowed if salary and contractual benefits continue, and vacation can be assigned only if the employee can meaningfully take it.

Working time, rest, night work, and Sunday work are regulated by the Labour Act. Maximum weekly hours and rules on overtime and excess time apply, including premiums or time off, subject to contract and law. Employees are entitled to at least four weeks of paid vacation per year and five weeks for employees under 20. Public holidays are largely cantonal. The only federal public holiday is 1 August. Basel-Landschaft sets additional local holidays.

Maternity leave is generally 14 weeks paid at 80 percent within the statutory scheme, with protections against dismissal during pregnancy and 16 weeks after birth. Paternity leave is two weeks paid at 80 percent. Adoption leave of two weeks applies in specific cases. Employers must prevent and address sexual harassment, and compensation may be awarded for violations.

Non-compete agreements must be in writing, limited in scope, geography, and duration, and justified by access to confidential information or clientele. A duration over three years is valid only in special circumstances. Courts can limit excessive clauses. There is no general obligation to pay during a non-compete unless agreed or set by a collective agreement.

Data protection rules require transparent handling of applicant and employee data. Employers should provide privacy notices, collect only job-related data, and secure cross-border data transfers. Reference checks generally require the candidate’s consent. Employees have a right to a truthful and benevolent employment reference at any time.

Switzerland has no federal minimum wage. In Basel-Landschaft there is no general statutory minimum wage, but binding collective agreements or posted worker rules may set minima for specific industries. Staff leasing and private placement require compliance with licensing rules and with the Posted Workers Act where applicable.

Dispute resolution in Basel-Landschaft typically begins with a mandatory conciliation authority for employment matters before proceeding to the competent civil court. Proceedings are usually conducted in German. Costs and simplified procedures may apply to claims up to certain amounts.

Frequently Asked Questions

Do employment contracts need to be in writing in Arlesheim

No, a written contract is not strictly required, but it is strongly recommended to document key terms such as function, salary, working time, vacation, probation, notice period, bonus or commission, confidentiality, and any non-compete. Certain arrangements, including non-competes and staff leasing terms, must be in writing to be enforceable.

What are the standard notice periods for termination

During probation the notice period is seven days. After probation it is one month in the first year of service, two months from the second to ninth year, and three months from the tenth year onward, unless a valid written agreement or collective agreement sets different but reciprocal periods. Notice normally takes effect at the end of a month unless otherwise agreed.

Can an employer fire an employee who is sick or pregnant

Terminations are prohibited during protected periods. For sickness or accident the blocking period is 30 days in the first year, 90 days in years two to five, and 180 days from year six. Termination is also prohibited during pregnancy and for 16 weeks after childbirth. A dismissal notified during a blocking period is null and void.

What is abusive dismissal and what can an employee claim

A dismissal may be abusive if it violates personality rights or is based on improper motives such as union activity, certain personal characteristics, or asserting rights in good faith. The termination still ends the contract, but the employee may claim compensation up to six months of salary. Written objection by the employee before the end of the notice period helps preserve the claim.

Is severance pay mandatory

There is no general statutory severance payment. An older provision on long service severance is largely superseded where occupational pensions exist. Severance may be owed if agreed in a contract or collective agreement, or negotiated in a social plan during restructurings. In cases of abusive dismissal, a separate compensation may be awarded.

Are non-compete clauses enforceable

Yes, if they are in writing, justified by access to confidential information or clientele, and reasonably limited in duration, geography, and subject matter. Courts can reduce or refuse enforcement of excessive clauses. Three years is a typical maximum unless special circumstances exist.

What are the rules on overtime

Overtime under the Code of Obligations is generally compensated with time off of equal length or with a 25 percent premium if no time off is granted and unless a different arrangement is validly agreed. Excess time beyond statutory maximums under the Labour Act is more strictly regulated and typically carries a 25 percent premium, with exceptions for certain categories of employees.

How do mass layoffs work

When a company plans to terminate a significant number of employees within a 30 day period based on statutory thresholds tied to workforce size, it must consult employees, notify the cantonal employment office, and seek ways to mitigate impacts. Larger companies may be required to negotiate a social plan. Failure to follow the procedure can render dismissals abusive.

Can an employer place an employee on garden leave

Yes. An employer can release an employee from the duty to work during the notice period while continuing to pay salary and provide contractual benefits. Vacation can be scheduled during garden leave only if the employee can effectively rest and is not restricted in a way that prevents meaningful time off.

What are my rights regarding reference letters

Employees have the right at any time to a truthful and benevolent reference that covers the nature and duration of employment and performance and conduct. A simple confirmation of employment can be requested instead. If a reference is inaccurate or unfair, it can be challenged.

Additional Resources

State Secretariat for Economic Affairs SECO - Guidance on employment, working time, staff leasing, and mass layoffs.

Basel-Landschaft Office for Economy and Labour AWA - Information on work permits, local employment services, and employer notifications.

Conciliation Authority for Employment Matters Basel-Landschaft - First instance for most employment disputes before court proceedings.

Civil Courts of Basel-Landschaft - Competent for employment litigation after conciliation, including the district court serving Arlesheim.

Swiss Bar Association and Basel-Landschaft Bar Association - Directories to find employment law attorneys.

Trade Unions such as Unia and Syndicom - Advice and representation for employees and sector-specific collective agreement information.

Employers’ Associations in Northwestern Switzerland - Templates, policy guidance, and negotiation support for employers.

Data Protection and Information Commissioner federal and cantonal - Guidance on employee data, background checks, and privacy notices.

Next Steps

Collect your documents before seeking advice. This includes your employment contract and amendments, job description, salary and bonus plans, performance reviews, warnings, time records, medical certificates, and all emails or letters about the dispute or termination. A clear timeline of events is helpful.

Write down your goals. For example, you may want to preserve your job, negotiate a better exit package, correct a reference letter, or defend a non-compete. Knowing your priorities will guide your strategy.

Request reasons for termination in writing if you have been dismissed. This can clarify the employer’s position and is often useful evidence.

Mind the deadlines. Objections to abusive dismissal usually should be raised before the end of the notice period. Court and conciliation deadlines can be short, so act promptly.

Consult a local employment lawyer. Choose someone familiar with Swiss and Basel-Landschaft procedures, including conciliation practice near Arlesheim. Ask about expected outcomes, costs, and settlement options.

Consider early settlement. Many disputes resolve at the conciliation stage. Well-prepared, interest-based proposals can save time and costs while protecting your reputation and future employment prospects.