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Employment relationships in Chur are governed mainly by Swiss federal law, with the Swiss Code of Obligations forming the core legal framework for hiring and dismissal. Many rules are uniform across Switzerland, so Chur follows the same basic principles as other Swiss cities. Key practical themes are how employment contracts are formed, probation rules, notice periods, protection against wrongful or abusive dismissal, immediate dismissal for serious misconduct, and mandatory employer obligations such as final pay, vacation compensation and an employment certificate. Sectoral collective agreements, company policies and cantonal administration processes can also affect how a termination proceeds in practice.
You may need a lawyer when a hiring or firing matter raises legal uncertainty, financial risk or strong disagreements. Common situations include:
- You receive a termination letter and suspect it is wrongful or discriminatory.
- Your employer offers a low or no severance and you want to negotiate a better settlement.
- You are accused of misconduct that could lead to immediate dismissal for cause.
- You face dismissal during a protected period such as pregnancy, military service or certified long-term illness.
- Your employer refuses to pay final wages, unused vacation, overtime or social contributions.
- Your employer enforces or seeks to enforce restrictive covenants such as non-compete or confidentiality clauses.
- You need help preparing a formal response, filing a claim with the conciliation authority or representing you in court.
- You are an employer who needs to draft or review termination letters, redundancy procedures or settlement agreements to reduce litigation risk.
Although most substantive employment law is federal, the following points are the most relevant to hiring and firing in Chur:
- Governing law - The Swiss Code of Obligations governs employment contracts, notice periods, probation, termination and protections against abusive dismissal. Federal labour law and other statutes supplement employer obligations in specific areas.
- Probation periods - Parties may agree on a probation period. It is commonly used to test a new employment relationship and normally may not be excessively long. During probation a shorter notice period generally applies.
- Notice periods - For open-ended contracts there are standard notice periods that commonly apply after probation. Employment contracts and collective agreements can modify notice periods, but any agreed terms should be checked carefully.
- Fixed-term contracts - A fixed-term contract ends automatically at the agreed date or when the agreed task is completed. It normally requires no notice unless the contract says otherwise. If the supposed fixed-term contract is effectively indefinite in practice, reclassification disputes can arise.
- Immediate dismissal for cause - Employers can terminate without notice if an employee commits a serious breach of duty that makes continuation of the employment relationship unreasonable. Such dismissals must be justified and are subject to scrutiny.
- Protection against abusive dismissal - Dismissals for discriminatory reasons or in retaliation for the exercise of statutory rights are considered abusive and can give rise to compensation or other remedies.
- Protected periods - There are statutory protections against dismissal during certain protected periods such as pregnancy, maternity leave, active military or civil defence service and for certain periods of certified incapacity through illness or accident. The exact protection and duration depend on circumstances and should be confirmed in each case.
- Employment certificate - Employees are entitled to a certificate describing the nature and duration of employment and, if requested, a more detailed testimonial. Certificates must be truthful and balanced.
- Wages and benefits at termination - Employers must pay outstanding salary, reimbursements, compensation for unused vacation and other contractually or legally required amounts on termination.
- Data protection and privacy - Employers must handle employee personal data in line with Swiss data protection rules and only process what is necessary for employment purposes.
- Dispute resolution and courts - Employment disputes are often first addressed by a cantonal conciliation authority or labour court procedure. Many matters are resolved by negotiation or mediation before a formal hearing.
Federal employment law, especially the Swiss Code of Obligations, governs most aspects of hiring and firing. Other federal statutes, collective bargaining agreements and company rules may also apply. Cantonal administration and employment offices handle practical procedures such as unemployment registration and enforcement.
Probation periods are agreed in the employment contract and are intended as a temporary assessment phase. They are commonly short and may be limited by law or practice. During probation a shorter notice period typically applies, again depending on the contract. Check your written contract for the exact provisions.
Notice periods depend on whether you have a fixed-term or open-ended contract and on the terms in your written agreement. Open-ended contracts normally include specified notice periods which are usually longer after the probation period. Because contracts and collective agreements can vary, review your contract and seek advice if you are uncertain.
Yes - in Switzerland an employer may terminate an open-ended contract without giving reasons in many cases, provided the dismissal is not abusive and any required notice period is respected. There are important exceptions - immediate dismissal for cause is possible in cases of serious misconduct, and certain dismissals are prohibited or abusive if they are discriminatory or retaliatory.
Dismissal is considered abusive if it violates fundamental principles of good faith, targets protected characteristics or punishes the employee for exercising statutory rights. Examples include firing for reasons of religion, gender, pregnancy or union activity. If a dismissal is found abusive, remedies can include compensation.
There are statutory protections that can prevent dismissal during pregnancy, maternity leave, military service and periods of certified incapacity due to illness or accident. The scope and duration of this protection depend on circumstances. Because protection rules are technical, consult legal advice to confirm how they apply to your case.
There is no automatic right to severance pay under Swiss law except where provided by contract, a collective agreement, company policy or a negotiated settlement. Compensation may be awarded in cases of abusive dismissal or pursuant to a settlement agreement.
Read the letter carefully and keep a copy. Note the termination date and any stated reasons. Preserve relevant documents such as your contract, payslips, emails, time records and performance reviews. Register promptly with the local employment office to protect your unemployment benefits eligibility. Consider seeking early legal advice if you suspect wrongful or abusive conduct.
Employers often propose settlement agreements to avoid litigation. You should not sign any agreement without understanding the terms and consequences. A lawyer can explain whether the offer is fair, negotiate better terms and ensure you do not waive important rights inadvertently.
Time limits for legal claims can be short and depend on the type of claim and the procedure. Employment disputes are often subject to strict deadlines for bringing actions before a conciliation authority or court. Because timelines are important, seek guidance as soon as possible if you plan to challenge a dismissal.
For practical assistance and authoritative information, consider these types of resources and bodies:
- Federal government agencies that publish guidance on employment law and worker protections.
- The cantonal employment office and the regional employment centres for unemployment registration and practical support.
- Sectoral or company collective bargaining organizations that set rules for particular industries.
- Trade unions and employee associations that provide advice and representation in workplace disputes.
- Local legal aid offices and pro bono services for people with limited means.
- Cantonal conciliation authorities and courts where employment disputes are filed and resolved.
- Data protection authorities for questions about employee privacy and personal data handling.
- Occupational safety and health inspectors for workplace safety and working-time compliance issues.
If you need legal assistance with a hiring or firing matter in Chur, consider the following steps:
- Preserve and organize all relevant documents: contracts, termination letters, payslips, correspondence, time records and any evidence supporting your position.
- Register or inform the local employment office promptly to secure unemployment benefit rights and practical support.
- Seek an initial legal consultation - many lawyers and unions offer an initial assessment that explains your rights, likely outcomes and procedural deadlines.
- Consider options for negotiation, mediation or conciliation before starting formal litigation - many disputes settle if both sides engage in good faith.
- If negotiating a settlement, have any agreement reviewed by a lawyer to ensure you understand all legal and financial consequences.
- If you cannot resolve the matter informally, be prepared to file a claim through the appropriate conciliation authority or court within the applicable deadlines.
Act promptly - employment matters often carry strict procedural time limits and delaying can reduce your options. Professional advice can clarify your position and help you choose the most effective path forward.
