Best Hiring & Firing Lawyers in Arlesheim

About Hiring & Firing Law in Arlesheim, Switzerland

Hiring and firing in Arlesheim follows Swiss federal employment law, supplemented by cantonal enforcement and local practice in Basel-Landschaft. Most core rules are set in the Swiss Code of Obligations for contracts and termination, the Labour Act for working time and health and safety, the Gender Equality Act for equal treatment and pay, and the revised Swiss Data Protection Act for handling applicant and employee data. Collective bargaining agreements and standard employment contracts may add sector specific rules such as minimum wages or allowances. Local authorities in Basel-Landschaft oversee labour inspections, mass dismissal notifications, and job market measures.

Arlesheim is the district seat in Basel-Landschaft. While the legal framework is national, the cantonal employment office, the labour inspectorate, and the conciliation authority for employment disputes are the first local points of contact. German is the working language for most official processes in the region.

Why You May Need a Lawyer

You may benefit from legal advice at hiring stage when negotiating written terms, restrictive covenants, variable pay or bonus plans, confidentiality, and probation. Employers often seek counsel to design compliant job ads, handle background checks, draft contracts and policies, and manage work permits for foreign hires.

During employment, issues commonly needing advice include overtime and working time compliance, sickness or accident pay continuation, discrimination or harassment concerns, data privacy requests, workplace investigations, performance management, and adjustments for pregnancy or family leave.

At termination, legal help is valuable for ordinary dismissals with notice, immediate dismissals for cause, protected periods due to illness, accident, military service or pregnancy, settlement agreements, reference letters, mass layoffs and social plans, and contested or abusive dismissals. Employees often need quick guidance on whether to object to a dismissal, what to sign, and how to protect rights and benefits. Employers rely on counsel to manage risk, timelines, and communication, and to coordinate with the Basel-Landschaft employment office in larger restructurings.

Local Laws Overview

Employment contracts can be verbal or written, but key clauses should be written. A probation period applies by default for one month and can be adjusted in writing to up to three months. Fixed term contracts end automatically at the agreed date, and ordinarily cannot be terminated early except for cause.

Notice periods are seven days during probation, then one month in the first year of service, two months from the second through the ninth year, and three months from the tenth year onward, unless a written agreement or collective agreement sets different but symmetrical periods of at least one month. Garden leave is permissible if salary and benefits continue.

Termination protections apply in defined blocking periods. An employer cannot terminate during pregnancy and for 16 weeks after childbirth. Termination is also prohibited during involuntary incapacity due to illness or accident for 30 days in the first year of service, 90 days from the second to fifth year, and 180 days from the sixth year. Military or civil service triggers additional protections. If notice was given before a protected period begins, the running notice period is suspended for the duration of the protection.

Abusive dismissal is unlawful but generally effective in ending the relationship. Examples include termination for discriminatory reasons protected by law, because an employee asserts rights in good faith, for union activity, or to prevent claims. The remedy is compensation up to six months salary. To preserve this claim, an employee must object to the dismissal in writing before the end of the notice period and then file the claim within 180 days after the employment ends.

Immediate termination for cause is permitted only for serious reasons that make continued employment unreasonable. Both parties may use this remedy. The other side may claim compensation if the summary dismissal is unjustified.

Working time limits, rest periods, night and Sunday work restrictions, and overhours rules are governed by the Labour Act. The usual weekly maximum is 45 hours for office and industrial staff and 50 hours for other categories. Overtime and overhours must be recorded and compensated in money or time off according to the Code of Obligations and Labour Act, subject to statutory exceptions. Employers must keep accurate time records.

Salary continuation in case of sickness or accident is required if the employment lasted longer than three months or was agreed for more than three months. The minimum is three weeks in the first year and longer thereafter according to regional scales. In the Basel region the Basel scale is commonly applied in practice. Daily sickness benefits insurance can replace the statutory rule if it offers at least equivalent protection.

Employees are entitled to at least four weeks of paid vacation per year, five weeks for employees under 20. Parents are entitled to 14 weeks paid maternity leave and 10 days paid paternity leave funded by social insurance. Adoption leave of two weeks applies for adopting a child under 4. Short term carer leave for family members and a longer carer leave of up to 14 weeks for a seriously ill child are available under federal law.

Non compete clauses are enforceable only if written, the employee had access to confidential information, and the restriction is reasonably limited in geography, time, and scope. A duration beyond three years is rarely upheld. Courts can reduce excessive clauses.

Equal pay and anti discrimination based on sex, including pregnancy and gender identity, are protected by the Gender Equality Act. Employers of 100 or more employees must periodically conduct equal pay analyses under federal rules. Broader anti discrimination protections may also apply through constitutional rights and good faith principles.

Data protection rules require that personal data of applicants and employees be processed only as necessary for hiring and employment, stored securely, and accessed on a need to know basis. Employee monitoring must be proportionate and may not be used primarily to monitor behavior.

Work permits are regulated nationally. EU or EFTA nationals benefit from free movement subject to registration and local rules. Third country nationals require permits with quotas. Termination can affect residence status, so foreign employees should coordinate early with the migration authorities and the regional employment center for unemployment benefits.

Mass dismissal rules apply when an employer intends to terminate a significant number of employees within 30 days. The employer must consult employees or their representatives, notify the Basel-Landschaft employment office, consider alternatives, and in larger companies negotiate a social plan. Companies employing at least 250 people must negotiate a social plan if they intend to dismiss at least 30 employees for operational reasons within 30 days.

Collective bargaining agreements may be declared generally binding in certain sectors, such as construction, painting, cleaning, or hospitality. These can impose minimum wages, allowances, working time rules, and termination procedures in Basel-Landschaft. Always check whether a sectoral agreement applies to your workplace.

Disputes usually start at the conciliation authority. For employment claims up to 30,000 Swiss francs a simplified procedure applies, and the conciliation authority can issue a decision on request in many cases. Deadlines are short, costs and risks are lower than in ordinary civil litigation, and many cases settle at this stage.

Frequently Asked Questions

Do I need a written employment contract in Arlesheim

A written contract is not mandatory but is strongly recommended. Certain terms must be provided in writing or at least in text form, such as names of parties, job title, start date, salary and working time. Clauses on probation, notice, bonuses, non compete obligations, and working time flexibility should be in writing to be enforceable and clear.

What notice period applies if my contract is silent

After probation the statutory notice is one month in the first year, two months from the second to the ninth year, and three months from the tenth year onward, all to the end of a month. During probation the notice period is seven days. Written agreements or collective agreements can modify these periods within legal limits.

Can my employer dismiss me without giving a reason

Switzerland recognizes termination without cause, but not for an unlawful or abusive reason. The employer should provide the reason on request. If the reason is abusive or discriminatory, you can object in writing before the end of the notice period and claim compensation of up to six months salary. Termination remains effective unless a special protection applies that makes the dismissal void.

When is a dismissal void

A dismissal given during a protected period is void. This applies during pregnancy and 16 weeks after childbirth, during compulsory military or civil service and four weeks before and after, and during sickness or accident related incapacity within statutory time limits that depend on years of service. If notice was given before such a period starts, the notice period is suspended for the duration of the protection.

What should I do if I receive immediate termination for cause

Ask for the reasons in writing at once, return company property, and seek legal advice promptly. If the summary dismissal is unjustified you may claim compensation and salary for the notice period. Deadlines are short, so act quickly to preserve evidence and file any objection without delay.

Are non compete clauses enforceable in Basel Landschaft

Yes, if they are written, you had access to confidential information, and the scope is reasonable in time, geography, and activities. Courts can narrow excessive clauses. Payment during the non compete is not required by law but may increase enforceability. Clauses that effectively prevent you from earning a living are unlikely to be enforced.

Do I have a right to a reference letter

Yes. You may request a truthful and benevolent reference at any time, either a full reference describing duties and performance or a simple employment certificate stating only position and dates. You can ask for corrections if the wording is misleading or unfair.

Is severance pay required when I am dismissed

Statutory severance is rare in Switzerland. The historic severance provision is largely superseded by occupational pensions. Severance may be owed if agreed in a contract, a collective agreement, or a social plan. In mass dismissals, a social plan can include severance or other measures.

How are overtime and overhours compensated

Overtime beyond the agreed weekly hours must be compensated with time off or paid, generally with a 25 percent premium unless otherwise agreed in writing under the Code of Obligations. Overhours beyond the Labour Act maximum weekly hours are regulated by statute and usually carry a 25 percent premium, with limited exceptions. Employers must keep reliable time records.

How do I challenge an abusive dismissal and what are the deadlines

You must object in writing to the employer before the end of the notice period to preserve the claim. Then you must file your compensation claim within 180 days after the employment ends. Starting conciliation early in Basel Landschaft helps meet deadlines and encourages settlement.

Additional Resources

KIGA Baselland, the cantonal office for industry, trade and labour, provides guidance on mass dismissals, collective employment issues, and interfaces with the regional employment centers. It is the notification point for mass dismissal procedures in Basel Landschaft.

Kantonales Arbeitsinspektorat Basel Landschaft provides labour inspections and advice on working time, health and safety, night and Sunday work approvals, and compliance with the Labour Act.

RAV Baselland, the regional employment centers, assist job seekers with registration, job placement, and coordination of unemployment insurance after termination. You should contact your local RAV as soon as you know your employment will end.

SECO State Secretariat for Economic Affairs publishes guidance on employment law, working time, posted workers, equal pay analyses, and labour market measures. Its materials are widely used by employers and employees.

State Secretariat for Migration SEM is the federal authority for residence and work permits. Foreign nationals facing termination should review permit implications and timelines with SEM information and the cantonal migration office.

Schlichtungsbehörde in employment matters in Basel Landschaft is the mandatory first stop for many employment disputes. It conducts conciliation hearings and can issue decisions in smaller claims.

Basellandschaftlicher Anwaltsverband, the Basel Landschaft Bar Association, and the Swiss Bar Association SAV FSA can help you find an employment law attorney in the Arlesheim region.

Equal Pay and Gender Equality Offices at the federal and cantonal level offer tools and information on gender equality, including pregnancy protection and pay equity, relevant for hiring and termination decisions.

Next Steps

If you are facing a hiring decision, gather the draft contract, job description, compensation plan, bonus or commission rules, and any policy documents. Ask for unclear terms to be clarified in writing. Verify whether a sectoral collective agreement applies to your role in Basel Landschaft.

If you received a termination letter, keep the envelope and note the date and time of receipt. Request written reasons if not provided. Do not sign a settlement or waiver under pressure. Check immediately whether a protected period applies due to sickness, accident, pregnancy, or military service. If you suspect abusive dismissal, send a written objection before the end of the notice period to preserve your claim.

Register with RAV Baselland as soon as you know your job will end, ideally before your first day of unemployment. Prepare identification, your employment contract, the termination letter, your CV, and proof of job search efforts.

For foreign nationals, contact the cantonal migration office to understand how termination affects your residence permit and to confirm any obligations to report changes in employment.

Consult an employment lawyer in the Arlesheim area to review deadlines and strategy. For most claims up to 30,000 Swiss francs, the conciliation authority offers a simplified and cost effective path. Your lawyer can help file timely submissions, represent you in conciliation, and negotiate settlement terms covering pay, bonus, garden leave, reference wording, non compete scope, and any outstanding expenses or vacation.

This guide provides general information for Arlesheim and Basel Landschaft. It is not legal advice. For decisions in your specific situation, seek counsel from a qualified Swiss employment lawyer.