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About Hiring & Firing Law in St. Gallen, Switzerland

Hiring and firing laws, also known as employment law, in St. Gallen, Switzerland are designed to protect both employers and employees. These laws govern processes such as contract formulation, hiring protocols, termination requirements and redundancy procedures. Switzerland's labour laws are a blend of federal mandates and individual Canton laws, which provide a unique legal environment for St. Gallen.

Why You May Need a Lawyer

Engaging a lawyer can be useful in various situations related to employment law. Employers may need legal guidance when drafting contracts, managing employee disputes or ensuring they comply with employment laws. Employees may require legal help when they experience unfair treatment, wrongful termination or suspected discrimination. A lawyer can guide you through complex legal issues and potentially contentious proceedings.

Local Laws Overview

Local laws in St. Gallen reflect Swiss federal laws but also unique cantonal regulations. These laws are grounded in the Swiss Civil Code, but they also reflect EU labour laws. Particularly, the Swiss Code of Obligations governs issues related to hiring and firing such as forming, enforcing and terminating employment contracts. The code covers rights and obligations of employers and employees, working hours, vacation entitlements, grounds for termination, maternity leave, among others.

Frequently Asked Questions

What are the grounds for dismissal in St. Gallen?

In St. Gallen, an employer may dismiss an employee due to economic reasons, personal reasons or reasons related to the individual’s conduct. However, the dismissal should not be abusive and must comply with the notice periods.

What are the notice periods for termination?

During the first year of employment, the notice period is one month. Thereafter, it is two months for up to nine years of service and three months for ten or more years of service. The termination notice must be served in written form.

Can an employee challenge a dismissal?

Yes, an employee may challenge a dismissal if they believe it to be wrongful or abusive. If the dismissal is deemed abusive, the employer may be required to pay an indemnity up to six months' wages.

Are there any protections for pregnant women and new mothers?

Yes, pregnant women and new mothers are protected in St. Gallen, as in the rest of Switzerland. An employer cannot terminate an employee from the beginning of pregnancy until 16 weeks after childbirth.

Are there laws against discrimination in the workplace?

Yes, discrimination in employment on the basis of gender, nationality, origin, race, religion, age and disability is prohibited under both federal and St. Gallen laws.

Additional Resources

Additional resources include the Federal Office of Economy and Labour, State Secretariat for Economic Affairs, Cantonal Office for Industry, Trade and Labour, Switzerland's Employment Law Guide, and The Swiss Federal Constitution. Legal information websites and local law firms can also be useful resources for understanding employment law in St. Gallen.

Next Steps

If you believe you require legal assistance related to hiring or firing in St. Gallen, start by seeking advice from a qualified lawyer. Look for law firms with employment law expertise or contact legal advice services offered by the city. Stay informed by following updates on employment law from reputable Swiss resources, and ensure you know your rights and responsibilities under St. Gallen's employment laws.