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Tavannes is located in the Canton of Bern in the Jura bernois region of Switzerland. Employment relationships in Tavannes are governed primarily by Swiss federal law - above all the Swiss Code of Obligations - together with federal labour legislation, social insurance rules and any applicable collective bargaining agreements. Cantonal rules and local administrative procedures in Canton Bern also affect practical matters such as workplace inspections, registration and certain public services. For most day-to-day hiring and termination issues, the same basic legal framework that applies in other Swiss cantons will apply in Tavannes, with local offices and procedures providing practical support and enforcement.
Employment disputes can have serious financial and personal consequences. You should consider consulting a lawyer if you face any of the following situations:
- You receive a termination notice and believe the dismissal is abusive, discriminatory, or otherwise unlawful.
- You are threatened with immediate dismissal for cause and need to understand your rights and urgent steps to protect your income.
- You and your employer disagree about notice periods, owed salary, overtime, holiday pay or continuity of pay during illness or maternity leave.
- You are asked to sign or are subject to a restrictive covenant - such as a non-compete or client non-solicitation clause - and want to know whether it is enforceable.
- You are negotiating a separation agreement, severance package or mutual termination and want to secure the best terms.
- You are an employer who needs help drafting compliant employment contracts, handling redundancies, conducting investigations into misconduct or ensuring regulatory compliance for workplace safety and social insurance obligations.
- You are an employer or employee dealing with cross-border or work-permit issues for foreign nationals.
Key legal principles and rules that commonly affect hiring and firing in Tavannes include the following:
- Employment contract basics - Most working relationships are governed by a written or oral employment contract under the Swiss Code of Obligations. Contracts can be fixed-term or open-ended. Written contracts are recommended to avoid misunderstandings.
- Probation period - Parties may agree to a probation period. By default, a probation period may not exceed three months. During probation, notice periods are shorter and termination is simpler.
- Notice periods - Unless a different period is agreed in writing, statutory notice periods apply depending on the length of service. The Swiss Code of Obligations sets default notice periods which are commonly one month during the first year, two months in years two to nine, and three months from year ten onwards. The notice is usually given to the end of a month unless the contract provides otherwise.
- Immediate dismissal for cause - Serious misconduct may justify immediate termination without notice. Employers must have a valid reason and sometimes must act promptly once they know of the misconduct. Immediate dismissal carries risk and may lead to litigation if not justified.
- Protection against dismissal - Swiss law provides special protection in certain situations, for example during pregnancy and maternity leave and in many cases during periods of active military or civil defence service. There are also statutory protections for employees during certain periods of illness or accident. Termination that is abusive or discriminatory can be challenged.
- Vacation and leave - Employees are entitled to a minimum of four weeks of paid annual leave, and younger employees (under 20) generally receive five weeks. Public holidays and other leave entitlements can be regulated by contract or collective agreement.
- Wages and social contributions - Employers must register employees for social insurance and withhold and pay contributions for old-age and survivors insurance, disability insurance, unemployment insurance, and accident insurance, among others. Occupational pension obligations apply once salary thresholds are met. Switzerland does not have a general federal minimum wage - some cantons and sectoral agreements set minimums.
- Collective agreements and sectoral rules - In some sectors collective bargaining agreements apply and can set terms on wages, notice periods, minimum conditions and dispute resolution steps.
- Work permits and foreign workers - Employers hiring non-Swiss nationals must comply with federal immigration and work-permit rules. EU/EFTA nationals and third-country nationals have different administrative requirements and quotas.
Yes - in Switzerland an employer normally does not have to give a reason for an ordinary termination, provided the dismissal is not abusive or discriminatory and statutory protections are respected. However, an immediate dismissal for cause must be based on serious misconduct. If you suspect the dismissal is abusive or violates special protections - for example because it was motivated by discrimination or occurred during a protected period - you should seek legal advice promptly.
Default statutory notice periods under the Swiss Code of Obligations apply unless a different period is agreed in the employment contract. Common default periods are one month in the first year, two months in years two to nine, and three months from year ten onwards. Contracts can lawfully set different notice periods as long as they are not unreasonably short. Check your contract and consult a lawyer if the employer is not respecting the agreed or statutory notice period.
A probation period allows both employer and employee to test the working relationship. By law a probation period may not exceed three months unless a collective agreement or special rule applies. During probation termination is usually simpler and shorter notice applies - often seven days - but the exact terms should be in the contract.
Swiss law provides specific protections in certain circumstances. For example, dismissing an employee because of pregnancy is prohibited and there is a statutory protection period after childbirth. There are also limited protection periods during illness or accident which prevent dismissal for a defined time. The details depend on duration of employment and the particular facts. If you are dismissed while on sick leave or during pregnancy, obtain legal advice quickly because time limits to challenge the dismissal may apply.
An immediate dismissal for cause means termination without notice because of serious misconduct or breaches so grave that continuation of the employment is impossible. Examples may include theft, gross dishonesty, or serious breaches of duty. Employers must act without undue delay after becoming aware of the conduct. Immediate dismissals are scrutinised by courts and may be overturned if not justified.
There is no general statutory right to severance pay in Switzerland. Severance payments may be required under specific collective bargaining agreements, individual contracts, company policies, or in cases of abusive dismissal where courts may award compensation. Some employers agree to a severance package as part of a negotiated termination. If you believe you are entitled to severance, document the facts and seek legal advice.
Time limits apply for bringing employment-related claims and these can be strict. For some dismissal-related claims, you must act quickly to register a dispute with the relevant conciliation authority or court and to meet statutory deadlines for damages claims. Contact a lawyer or local conciliation authority promptly after dismissal to preserve your rights.
First, read the letter carefully and note the date of receipt and any stated notice period. Review your employment contract, company policies and any collective agreement. Preserve documents such as employment contracts, payslips, performance reviews and correspondence. Do not sign any settlement or release without legal advice. If you think the dismissal may be unlawful or if you need help negotiating a departure, consult an employment lawyer or your union.
Non-compete clauses are enforceable if they are necessary to protect legitimate business interests, are limited in scope by geography, industry and duration, and reasonable in terms of the employee's ability to earn a living. Swiss law requires non-compete clauses to be proportionate and to comply with statutory requirements. Whether a clause is enforceable depends on the wording and the specific situation, so seek legal review before relying on or signing such clauses.
Trade unions can provide advice, representation and support, particularly where collective bargaining agreements apply. Cantonal conciliation authorities or labour courts often handle employment disputes and may be a required first step before civil litigation. For health and safety or working-hours concerns, cantonal labour inspectorates can investigate and take enforcement action. If you are unsure where to start, a lawyer can advise on the right authority to contact.
Here are public bodies and organisations that can help or provide information relevant to hiring and firing in Tavannes and the Canton of Bern:
- Swiss Code of Obligations - the primary federal statute governing employment contracts and termination rules.
- Federal Labour Act - sets rules on working hours, rest, and occupational health and safety.
- State Secretariat for Economic Affairs - provides guidance on employment law, collective agreements and labour market issues.
- Federal Social Insurance Office - for questions on AHV/AVS, pensions, maternity benefits and social insurance contributions.
- Canton of Bern - cantonal labour and employment authorities, conciliation offices and labour inspectorate - local administrative offices handle registrations and inspections.
- Cantonal conciliation authorities - first instance for many employment disputes in Swiss cantons.
- Unia - one of Switzerland's largest trade unions that provides advice and support to employees.
- Local chambers of commerce and employers associations - practical guidance for employers on compliance and hiring procedures.
- Local law firms and employment lawyers - for case-specific legal advice and representation.
If you need legal assistance in hiring or firing matters in Tavannes, follow these practical steps:
- Gather documentation - collect your employment contract, payslips, termination letter, performance reviews, emails and any written policies. These documents are essential for assessing your position.
- Note deadlines - record the date you received the termination and any deadlines mentioned. Many remedies require prompt action.
- Contact appropriate bodies - if you are a union member, contact your union. Otherwise, contact the cantonal conciliation authority to learn about formal steps and deadlines for raising a dispute.
- Seek legal advice - consult a local employment lawyer experienced in Swiss and Canton Bern employment law. A lawyer can assess whether the dismissal is abusive, advise on notice period and compensation, and negotiate or litigate on your behalf.
- Consider alternative dispute resolution - mediation or negotiated settlement can preserve relationships and reduce costs. A lawyer can help negotiate severance or exit terms.
- For employers - before terminating an employee, review the employment contract, check statutory protections and procedural requirements, document performance issues or misconduct, offer warnings where appropriate and seek legal advice when in doubt to reduce the risk of future claims.
Employment law in Switzerland combines national rules with local administrative processes. Early, well-documented action and professional legal advice improve the chances of a good outcome for both employees and employers. If you are unsure about your rights or obligations, consult a qualified employment lawyer in Canton Bern or Tavannes for tailored guidance.
