Best Hiring & Firing Lawyers in Lucerne

About Hiring & Firing Law in Lucerne, Switzerland

Hiring and firing laws in Lucerne, Switzerland, are designed to protect both employers and employees, ensuring fair and equitable treatment in the workplace. These laws address a wide range of issues, from non-discrimination in hiring practices to the procedures and notice periods required for lawful termination. Understanding these regulations ensures compliance and helps maintain a positive work environment.

Why You May Need a Lawyer

There are several situations where individuals might require legal assistance in hiring and firing matters:

• Disputes Over Termination: Employees who believe they have been wrongfully terminated might need legal help to challenge their dismissal.
• Employment Contracts: Legal advice can be crucial in drafting, reviewing, or negotiating terms of employment contracts to ensure they are fair and compliant with local laws.
• Discrimination or Harassment Claims: Both employers and employees may require legal assistance to address allegations of workplace discrimination or harassment.
• Redundancies and Lay-Offs: Businesses that need to reduce staff numbers can benefit from legal advice to handle the process correctly and sensitively.
• Compliance Issues: Employers need to ensure their hiring and firing practices comply with local labor laws, and legal advice can help prevent and address any non-compliance issues.

Local Laws Overview

Key aspects of local laws relevant to hiring and firing in Lucerne include:

• Non-Discrimination: Swiss law prohibits discrimination based on gender, age, race, religion, disability, and sexual orientation during the hiring process.
• Employment Contracts: Contracts must outline fundamental aspects such as job description, salary, working hours, and notice periods. They should comply with the Swiss Code of Obligations.
• Notice Periods: Notice periods for termination vary depending on the length of employment. Typically, the notice period is one month during the first year of employment, two months from the second to the ninth year, and three months thereafter.
• Termination Reasons: Justifications for termination must be lawful. Swiss law allows both ordinary and extraordinary terminations, the latter usually for severe breaches of contract.
• Employee Protections: Specific protections exist for pregnant women, people on sick leave, and those serving mandatory military service. These employees cannot be terminated during their protected periods.

Frequently Asked Questions

What is considered wrongful termination in Lucerne?

Wrongful termination occurs when an employee is dismissed without just cause or in violation of the terms of their employment contract or local labor laws. This can include terminations based on discrimination or during a protected period.

How long is the probation period for new hires?

The probation period in Switzerland typically lasts one to three months, during which either party can terminate the employment with a shorter notice period, usually seven days.

What steps must an employer take before terminating an employee?

Employers should follow the terms of the employment contract and give the required notice period. Additionally, they must ensure the termination is not discriminatory or during a protected period.

Are severance payments required by law in Lucerne?

Swiss law does not mandate severance payments for most terminations unless specified in the employment contract or collective bargaining agreement. However, employees over 50 with at least 20 years of service may be entitled to severance compensation.

Can temporary workers be dismissed without notice?

Temporary workers can be dismissed according to the terms defined in their contract. If no specific terms are provided, the general labor laws and notice periods apply.

What protections exist for employees on sick leave?

Employees on sick leave are generally protected from termination for a specified period, which varies depending on the length of employment. This protection ensures they cannot be unfairly dismissed while recovering from illness.

Is it legal to terminate an employee for underperformance?

Termination for underperformance is legal, provided the employer has documented the performance issues and taken reasonable steps to address and improve the employee’s performance before deciding to terminate.

How can employers ensure compliance with anti-discrimination laws?

Employers should implement fair hiring practices, provide training on discrimination, and establish clear policies and procedures to handle complaints of discrimination or harassment.

What are the rules for redundancies and collective dismissals?

For redundancies involving significant numbers of employees (usually at least 10), employers must consult with employee representatives, inform the local labor authority, and follow statutory procedures for collective dismissals.

How can an employee challenge a wrongful termination?

An employee can challenge a wrongful termination by seeking legal advice and potentially filing a claim with the competent labor court, which will review the circumstances and make a determination.

Additional Resources

Several resources can provide additional information and assistance regarding hiring and firing in Lucerne:

• Swiss Federal Office for Labor: Provides guidelines and resources on Swiss labor laws.
• Canton of Lucerne Employment Office: Local authority that can offer support and information specific to the region.
• Trade Unions: Unions such as Unia or Travail.Suisse can provide advice and support to employees.
• Legal Aid Services: Services for individuals who need legal assistance but cannot afford it.

Next Steps

If you need legal assistance in hiring or firing matters in Lucerne, consider taking the following steps:

• Consult with a specialized employment lawyer to understand your rights and obligations.
• Contact local labor authorities or employment offices for guidance and support.
• Review all relevant employment contracts and documentation to ensure compliance with local laws.
• Consider mediation or alternative dispute resolution services if facing a contentious issue.