Best Hiring & Firing Lawyers in Dornach

About Hiring & Firing Law in Dornach, Switzerland

Employment in Dornach sits within the Swiss legal framework. Most rules are federal and apply across all cantons, including Solothurn, where Dornach is located. The Swiss Code of Obligations governs individual employment contracts, the Labour Act governs working time and health and safety in many sectors, and several special statutes regulate discrimination, data protection, work permits, and collective issues. Collective bargaining agreements and standard employment contracts may set additional or stricter rules for specific industries.

Hiring is largely flexible. Employment contracts can be verbal, but written contracts are strongly recommended. Firing is also possible with notice, but the law protects workers in specific situations, such as sickness, pregnancy, and military service. Claims often turn on correct notice periods, blocked periods, consultation duties for mass layoffs, and whether a dismissal is abusive. Local authorities in Solothurn assist with employment services and mass dismissal notifications, and employment disputes typically start with a conciliation process before a court.

Why You May Need a Lawyer

Hiring and firing decisions seem straightforward but often involve legal pitfalls. You may need a lawyer to draft or review employment contracts, bonus plans, commission schemes, and non-compete clauses, to ensure terms are valid and enforceable under Swiss law and any applicable collective agreements.

During recruitment, questions about background checks, reference checks, and data handling must respect Swiss data protection rules. A lawyer can help design compliant application processes and pre-employment screenings, especially for sensitive roles.

When terminating employment, legal help is valuable to calculate correct notice periods, handle blocked periods during sickness or pregnancy, structure immediate dismissals for just cause, or place an employee on garden leave lawfully. If you face allegations of abusive dismissal, a lawyer can help preserve and pursue claims within strict deadlines.

For restructurings, mass layoffs trigger consultation and notification duties under federal law. Legal advice helps plan timelines, communications, and any required social plan to reduce risks and costs.

For cross-border hires or non-Swiss nationals, immigration rules, quotas, and local registration requirements can be complex. Legal guidance reduces permit risks and delays.

If you are an employee, a lawyer can assess severance rights, bonus and variable pay claims, reference letter issues, non-compete enforceability, unpaid overtime or holiday compensation, and discrimination or equal pay claims. Early advice is crucial to meet deadlines and preserve evidence.

Local Laws Overview

Employment contracts and termination are primarily governed by the Swiss Code of Obligations. Key points include probation, notice periods, blocked periods, immediate termination for just cause, abusive dismissal rules with compensation up to six months salary, and the right to a reference letter. Severance pay is not generally mandatory unless agreed. A statutory severance for long service exists but is usually offset by occupational pensions, so it rarely applies in practice.

Working time, rest, night and Sunday work, and occupational health and safety are governed by the Swiss Labour Act and its ordinances. The weekly maximum is typically 45 hours for industrial enterprises, office staff and technical employees, and 50 hours for many other sectors. Overtime and extra hours must be recorded and compensated according to the Code of Obligations, the Labour Act, or any applicable collective agreement.

Protection during termination includes blocked periods for sickness or accident depending on years of service, for pregnancy and the 16 weeks following birth, and for compulsory Swiss military or civil service. Terminations given during a blocked period are void. Immediate dismissal for just cause is allowed but must be prompt and based on serious reasons. If unjustified, the employee may claim pay for the notice period plus compensation.

Collective dismissals require employer consultation with employees and written notification to the competent cantonal authority. Larger employers must negotiate a social plan under certain conditions. In Solothurn, the cantonal employment and economy office and the regional employment centers handle notifications and support measures.

Equal treatment and non-discrimination are governed by the Gender Equality Act and other federal statutes. Employees can challenge discriminatory dismissals or unequal pay and seek remedies, which may include compensation and corrective measures. Employers must ensure hiring and termination decisions are based on objective, non-discriminatory criteria.

Data protection is governed by the revised Federal Act on Data Protection. Employers must collect only necessary personal data, inform candidates and employees about processing, secure data appropriately, and limit monitoring of employees to proportionate and transparent measures. Cross-border data transfers must comply with Swiss adequacy and safeguards rules.

Hiring of non-Swiss nationals is regulated by the Foreign Nationals and Integration Act. Employers must verify work authorization and comply with quotas, priority rules, and salary and working condition standards. Temp staffing and placement activities are regulated by the Federal Recruitment Act and may be subject to licensing and a nationwide collective agreement for staff leasing that sets minimum conditions.

Dispute resolution typically begins with a conciliation authority in labor matters. In the canton of Solothurn, the cantonal judiciary provides a designated conciliation body for employment disputes, often at the local or regional level. Many cases settle at this stage. If not, claims proceed to the competent civil court. Statutes of limitation generally are five years for wage and overtime claims and ten years for some other claims. Specific objection and filing deadlines for abuse of dismissal are shorter, so prompt action is essential.

Frequently Asked Questions

Is at-will employment recognized in Dornach and the rest of Switzerland

No. Switzerland allows termination without cause, but not at will in the American sense. Employers must respect notice periods, blocked periods, and prohibitions on abusive dismissals. Dismissals that breach these rules can lead to compensation, and terminations during protected periods are void.

What notice period applies to open-ended contracts

Unless otherwise agreed in writing or in a collective agreement, the Code of Obligations sets 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, each to the end of a month. During probation, the default notice period is seven days. Parties can agree different periods within legal limits.

Can an employer terminate during sickness, pregnancy, or military service

Generally no. There are blocked periods when termination is prohibited. For sickness or accident after probation, the block is 30 days in year one, 90 days in years two to five, and 180 days from year six. Termination is also prohibited during pregnancy and for 16 weeks after birth, and during compulsory military or civil service and four weeks before and after such service if it lasted more than 11 days. A notice given during a blocked period is void.

What counts as abusive dismissal

A dismissal is abusive if it violates good faith, for example because it is retaliatory for asserting rights, discriminatory, or based on personal characteristics unrelated to the job. The remedy is compensation up to six months salary, not reinstatement. To preserve the claim, the employee must object in writing before the end of the notice period and file the claim within 180 days after the employment ends.

Is severance pay mandatory in Switzerland

Not generally. Severance is paid only if agreed in a contract or collective agreement, or under limited statutory provisions that are usually offset by occupational pension benefits. In mass layoffs at larger employers, a social plan may provide benefits but is not the same as an individual statutory severance right.

Are non-compete clauses enforceable

Yes, but only if the employee had access to sensitive information or customer relationships and the clause is reasonably limited in time, geography, and scope. Courts can reduce excessive clauses. Typically up to 12 months is common. Employers should provide consideration and define scope clearly. Employees can challenge overbroad restrictions.

How are overtime and extra hours handled

Under the Code of Obligations, employees must perform reasonable extra work and are entitled to time off or a wage premium if agreed or required by law. The Labour Act provides additional rules and premiums for overtime above weekly maximums for covered categories. Collective agreements may set specific premiums. Accurate time recording is required, with limited exemptions.

What are my rights to a reference letter when leaving

Employees have a statutory right to a truthful and benevolent reference letter covering performance and conduct. On request, they can obtain a simpler employment confirmation stating only the nature and duration of the employment. Disputes often concern negative wording or completeness. Courts can correct misleading or unfair references.

What should an employer do to lawfully conduct a mass layoff

Consult with employees or their representatives in good time about the planned dismissals and ways to avoid or limit them and mitigate consequences. Notify the competent cantonal authority in writing with the required information. If the company meets size thresholds, negotiate a social plan. Observe all individual notice and blocked period rules as well.

Can an employer place an employee on garden leave during notice

Yes, garden leave is permissible if the salary and contractual benefits continue. The employee remains bound by loyalty and confidentiality. Any income earned from other work during garden leave may be offset if the legal conditions are met. Access to systems and return of company property should be managed promptly.

Additional Resources

The cantonal employment and economy office in the canton of Solothurn provides guidance on employment matters, mass dismissal notifications, short-time work applications, and employer support services.

Regional employment centers in the Solothurn region assist with unemployment registration, job placement, and short-time work procedures. They also provide information to employers during restructurings.

The conciliation authority for labor disputes in the canton of Solothurn handles the mandatory first step in most employment disputes before a court claim. Contact the relevant local authority for Dornach to file a request.

Trade unions active in the region, such as sector-specific unions, offer advice to employees on contract terms, dismissals, and collective agreement rights, and can assist during consultations in mass layoffs.

Employer associations in the canton provide templates, updates on legal developments, and advisory services to member companies on hiring policies, compliance, and restructuring.

Federal bodies such as the State Secretariat for Economic Affairs and the compulsory accident insurer provide guidance on labor standards, work time, short-time work, and occupational safety that apply throughout Switzerland.

The cantonal migration authorities handle work permits and residence questions for non-Swiss hires. Employers should verify permit categories, quotas, and salary and working condition compliance before onboarding.

Next Steps

Clarify your objectives and gather documents. For hiring, compile draft contracts, job descriptions, bonus and commission plans, and any planned non-compete or confidentiality clauses. For terminations, assemble the employment contract, policies, performance records, warnings, time sheets, salary statements, holiday and overtime balances, and any prior correspondence.

Check key timelines. Verify notice periods, probation status, and any blocked periods. For alleged abusive dismissal, object in writing before the end of the notice period and calendar the 180 day filing deadline after the end of employment. For wage or overtime claims, note the five year limitation period.

Assess whether a collective agreement or standard employment contract applies to your sector or to staff leasing arrangements. These instruments may set minimum wages, notice periods, work time rules, and termination procedures that you must follow in addition to statutory law.

If a mass layoff is contemplated, start employee consultation early, prepare written notifications for the cantonal authority, and evaluate whether you must negotiate a social plan. Plan communications and timelines to align with legal duties.

Seek legal advice. A local employment lawyer familiar with Swiss federal law and Solothurn procedures can review your strategy, draft or refine documents, and represent you in conciliation and court. Employees should obtain advice quickly to preserve rights and maximize settlement options.

Contact local institutions. Employers and employees in Dornach can reach out to the cantonal employment office, regional employment centers, conciliation authority for labor matters, and relevant unions or employer associations for guidance and support.

Document and communicate professionally. Keep clear written records of decisions, reasons, and notices. Use neutral language, respect privacy, and provide required documents on exit such as the reference letter, final pay including accrued holiday compensation if applicable, and social insurance forms.

Review compliance going forward. After a dispute or restructuring, update templates, policies, and training on hiring, performance management, and termination to reduce future risks and improve workplace fairness and transparency.