Best Hiring & Firing Lawyers in Dornach

About Hiring & Firing Law in Dornach, Switzerland

Hiring and firing in Dornach is governed primarily by Swiss federal law, with procedures and authorities organized at the cantonal and district level. Most rules come from the Swiss Code of Obligations, the Labour Act, the Federal Act on Data Protection, and special statutes like the Gender Equality Act. Because Dornach is in the canton of Solothurn, local courts and administrative offices in Solothurn handle disputes, inspections, permits, and support services. Swiss employment law is generally flexible, but it contains important protections on notice periods, protected leave, non-discrimination, working time, and data privacy. Understanding how these rules interact is essential for employers and employees to avoid costly mistakes and to resolve conflicts efficiently.

Why You May Need a Lawyer

People in Dornach often seek employment law advice at key moments. Employers may need help drafting contracts, setting lawful probation periods, managing performance issues, handling sickness absences, implementing workplace policies, or planning reorganizations and mass redundancies. Employees commonly ask for advice when reviewing a job offer or non-compete clause, disputing a dismissal, negotiating a severance agreement, securing a correct reference letter, or confirming rights to salary continuation during illness, vacation pay, bonuses, and overtime. Cross-border and permit questions arise frequently in the Basel region, and compliance with data protection duties during recruiting and monitoring is an area where legal guidance can prevent violations. A local lawyer can also navigate Solothurn-specific procedures, such as filing with the regional conciliation authority, meeting strict deadlines, and preparing evidence.

Local Laws Overview

Sources of law. The Swiss Code of Obligations governs employment contracts, termination rules, non-compete clauses, salary continuation in limited cases, and reference letters. The Labour Act and its ordinances regulate working time, night and Sunday work, health and safety, and special protection for young people and pregnant employees. The Gender Equality Act prohibits sex-based discrimination in employment. The revised Federal Act on Data Protection sets obligations for handling applicant and employee data. Social insurance laws cover accident insurance, unemployment insurance, maternity and paternity allowances, and occupational pensions. Collective bargaining agreements may add rights in specific industries and can be binding in the region if extended.

Hiring. An employment contract can be verbal, but key terms should be agreed in writing. Special forms exist for apprenticeships and certain fixed-term or on-call arrangements. Background and reference checks must be job-related and proportionate, and reference checks generally require the candidate’s consent. Employers must follow data minimization and transparency duties under data protection law and secure any cross-border data transfers. Non-discrimination rules apply, especially regarding sex, pregnancy, and family status. For foreign nationals, work authorization is managed by federal and cantonal authorities and should be confirmed before the start date.

Probation. Unless otherwise agreed, the probation period is one month, with a statutory maximum of three months for regular employees. During probation, either party can terminate with seven days’ notice. Suspensions such as sickness can extend probation by the duration of the absence. Apprentices have specific probation rules and forms.

Termination with notice. After probation, the statutory notice period is 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, typically to the end of a month. Parties can adjust these periods in writing or by collective agreement within legal limits, and they must be the same for both sides. Switzerland allows ordinary dismissal without cause, but dismissals cannot be abusive or discriminatory. A dismissal is abusive, for example, if it is given because an employee in good faith asserts constitutional rights or makes legitimate claims under the employment contract. Compensation for abusive dismissal can reach up to six months of salary.

Protected periods. Termination is prohibited during certain periods after probation, including defined durations of incapacity due to illness or accident depending on years of service, pregnancy and 16 weeks after birth, and while performing mandatory military or civil protection service. A notice given during a protected period is void, and any running notice period is suspended during these times.

Summary dismissal. Immediate termination without notice is permitted only for just cause, such as serious breaches of trust or the law. The threshold is high, and employers must act promptly upon learning of the facts. If just cause is not established, the employer can owe damages and possibly compensation for abusive dismissal.

Wages, bonuses, and overtime. The Labour Act and the Code of Obligations differentiate between contractual overtime and statutory overhours. Overtime is generally paid with a 25 percent premium or compensated by time off if agreed. Overhours under the Labour Act are subject to separate caps and premiums in many cases. Variable compensation like bonuses may be owed depending on contract language and practice. Vacation is at least four weeks per year, five for employees under 20. Public holidays are set by the canton of Solothurn and count similarly to Sundays for work restrictions, with pay rules governed by contract and practice.

Sickness and insurance. After probation, employers must continue paying salary for a limited time during sickness or accident not covered by mandatory accident insurance. The duration depends on years of service and regional court practice and typically increases with seniority. Many employers purchase daily sickness allowance insurance to cover these risks. Work-related and non-work accidents are insured by law, with premiums split according to accident type.

Family leave. Maternity leave is 14 weeks paid at 80 percent of salary up to a statutory cap through the income compensation system. Paternity leave is 2 weeks under federal law. Adoption leave and caregiver leave exist in defined situations. Local or collective agreements can provide more generous benefits.

Non-compete clauses. Post-contractual non-competes must be in writing and limited in duration, geography, and business scope, and they require a legitimate interest, such as protection of trade secrets or client relationships. They are typically enforceable for up to three years unless special circumstances justify more. They become unenforceable if the employer terminates without justified cause or if the employee resigns for justified cause.

Data protection and monitoring. Employers must inform employees about monitoring measures, which must be proportionate and focused on work processes. Applicant and employee data must be processed lawfully, kept secure, and deleted when no longer needed. Sensitive data and cross-border transfers trigger heightened requirements.

Mass redundancies and social plans. Employers considering mass layoffs must inform and consult employees in good time and notify authorities. Companies employing at least 250 people and dismissing 30 or more within 30 days must normally negotiate a social plan that mitigates hardship, subject to statutory rules.

Disputes and procedure. Most employment disputes in Dornach start at the conciliation authority in employment matters for the Dorneck-Thierstein district within the canton of Solothurn. Short deadlines apply. To claim compensation for abusive or discriminatory dismissal, the employee must object in writing before the end of the notice period and file a claim within 180 days after the employment ends. Wage and overtime claims generally have a five-year limitation period. Proceedings are designed to be accessible and cost-sensitive, especially for smaller claims.

Frequently Asked Questions

Can my employer in Dornach dismiss me without giving a reason

Yes, ordinary dismissal without a stated reason is allowed in Switzerland, but it cannot be abusive or discriminatory and must respect notice periods and protected periods. If you suspect abusive dismissal, you must object in writing before the end of the notice period and consider filing a claim within the legal deadline.

What notice period applies after probation

Unless your contract or a collective agreement validly sets a different period, the statutory notice period is one month in the first year, two months from year two to nine, and three months from year ten onward, usually to the end of a month. The same period must apply to both employer and employee.

Am I entitled to a reference letter when I leave

Yes. You have the right to a reference confirming the nature and duration of employment, and, on request, a full reference covering performance and conduct. It must be truthful and benevolent. You can request an interim reference during employment.

What happens if I am sick during my notice period

If you are sick after probation, the notice period is suspended during the protected period tied to your years of service, and it resumes after the protection ends. The termination remains valid, but the end date moves accordingly. Salary continuation rights depend on your seniority, court practice, and any sickness insurance your employer has in place.

Can an employer ask for a criminal record extract during hiring

Only if it is relevant to the job and proportionate. Employers should explain why it is needed, obtain your consent, and handle the data securely and minimally. Unnecessary or blanket criminal record requests can breach data protection principles.

Is a non-compete clause I signed enforceable

It can be, if it is in writing, limited in time, geography, and scope, and protects legitimate business interests. Clauses that are too broad may be reduced by a court or deemed unenforceable. If your employer terminated you without justified cause, the non-compete typically cannot be enforced.

Do I get paid for overtime in Dornach

Overtime rules depend on your contract, role, and the Labour Act. Contractual overtime is usually paid at 125 percent or compensated with time off if agreed. Certain higher management roles may have different arrangements. Overhours under the Labour Act are subject to statutory caps and premiums unless an exception applies.

How do mass layoffs work in Switzerland

When an employer plans to dismiss a defined number of employees within 30 days, it must consult with employees and notify authorities. Large employers reaching the legal thresholds must negotiate a social plan to mitigate hardship. Consultation must be genuine and occur before decisions are finalized.

Where do I file an employment claim if I live or work in Dornach

Employment disputes are first brought to the regional conciliation authority for the Dorneck-Thierstein district in the canton of Solothurn. After conciliation, unresolved matters can proceed to the competent labor court. A local lawyer can confirm the correct forum and deadlines for your case.

What are my rights during pregnancy and after birth

Termination is prohibited during pregnancy and for 16 weeks after birth. Maternity leave is at least 14 weeks paid at 80 percent of salary up to a statutory cap via the income compensation system. Health and safety rules protect pregnant employees at work, including limits on certain tasks and night work.

Additional Resources

State Secretariat for Economic Affairs SECO - Guidance on working time, night work, and the Labour Act, including official explanatory notes and directives.

Canton of Solothurn Labour Inspectorate - Information on workplace health and safety, working time compliance, and inspections relevant to employers in Dornach.

Canton of Solothurn Office for Economy and Labour - Regional employment services, unemployment insurance guidance, and employer support.

Canton of Solothurn Migration Authority - Work and residence permit information for foreign workers and employers.

Conciliation Authority in Employment Matters for the Dorneck-Thierstein District - First instance for most employment disputes arising in Dornach.

Solothurn Bar Association - Directory to find employment law attorneys familiar with local courts and procedures.

Swiss Bar Association - Nationwide directory and resources to locate a specialist in employment law.

Federal Office for Gender Equality - Guidance and support regarding sex-based discrimination and equal pay issues.

Federal Data Protection and Information Commissioner - Practical guidance on applicant and employee data processing and monitoring.

Trade unions and employer associations active in the region - Such as Unia and regional employer groups, which can provide advice or collective agreement information relevant to your sector.

Next Steps

Clarify your goals. Decide whether you want to negotiate, contest a dismissal, secure compensation, or obtain clearer contract terms. Your strategy will guide timelines and evidence needs.

Collect documents. Gather your employment contract and amendments, policies, correspondence, pay slips, time records, medical certificates, performance reviews, bonus plans, and any termination letters or settlement drafts. Keep a timeline of key events.

Protect deadlines. If you believe a dismissal is abusive or discriminatory, object in writing before the notice period ends. Note the 180-day period after employment ends to file related claims. Wage and overtime claims have longer limitation periods, but do not delay.

Consider early conciliation. Many disputes settle quickly at the conciliation authority. Preparing a concise statement of facts and desired outcomes increases your chances of a timely resolution.

Seek tailored advice. A Dornach or Solothurn-based lawyer can assess your case under Swiss and cantonal practice, evaluate settlement options, and represent you before local authorities and courts.

Mind data and confidentiality. When sharing evidence, avoid disclosing third-party personal data unnecessarily and respect confidentiality and trade secret obligations. Your lawyer can help redact documents appropriately.

Plan the practicalities. If termination is imminent, review unemployment registration requirements, benefit entitlements, health insurance continuity, and reference letter requests. Employers should plan handover, return of property, and final pay calculations including vacation and overtime balances.