Best Hiring & Firing Lawyers in Wohlen

About Hiring & Firing Law in Wohlen, Switzerland

This guide gives an easy-to-understand overview of the main legal issues people face when hiring or being dismissed in Wohlen, which is in the Canton of Aargau in Switzerland. Swiss employment law is mainly governed by federal rules, in particular the Swiss Code of Obligations and federal labour statutes. Many rules apply across all of Switzerland, but certain administrative procedures and support services are handled at the cantonal or municipal level. Whether you are an employer or an employee, knowing the basic rules can help you protect your rights and make better decisions.

Why You May Need a Lawyer

Employment relationships can quickly raise complex legal questions. You may need a lawyer when:

- You receive a termination notice and want to check if it is valid or abusive.

- You are facing immediate dismissal for cause and need to know if the employer met the legal standard.

- You are negotiating or drafting employment contracts that include non-compete, confidentiality, or bonus clauses.

- You believe you were discriminated against, dismissed for a protected reason, or dismissed during a special-protection period such as pregnancy or military service.

- You want to claim outstanding wages, holiday pay, bonuses, or severance compensation.

- You need help with collective employment issues, such as compliance with a collective-bargaining agreement.

- You must respond to a conciliation or court claim brought by the other party.

Employment lawyers can evaluate your situation, advise on procedural steps and timelines, represent you in conciliation proceedings or court, and negotiate settlements.

Local Laws Overview

This section summarizes the key legal points relevant to hiring and firing in Wohlen and the Canton of Aargau. The underlying rules are primarily federal, with local institutions for enforcement and support.

- Governing law - Employment relationships are mainly regulated by the Swiss Code of Obligations (Obligationenrecht - OR) and by federal labour law (Arbeitsgesetz - ArG) for health and safety, working hours and rest periods. Collective-bargaining agreements and individual contracts can impose additional obligations.

- Employment contract basics - Contracts can be written, oral or implied. Written contracts are strongly recommended. Contracts should specify duration, job duties, salary, working hours and essential clauses like confidentiality or competition restrictions.

- Probation period - A probation period is typically agreed at the start of employment. The statutory maximum probation period is three months unless otherwise agreed.

- Notice periods - After the probation period, statutory notice periods apply unless a different period is contractually agreed. Basic statutory notice periods include one month during the first year of employment, two months from the second to ninth year, and three months from the tenth year onward. Notice is normally given to the end of a calendar month.

- Immediate termination for cause - Either party can terminate immediately for serious misconduct that makes continuation of the relationship unreasonable. Immediate dismissal must meet the strict legal standard and is subject to challenge.

- Protection against abusive or discriminatory dismissal - Swiss law prohibits termination in bad faith and protects certain persons during special periods, for example pregnancy, military service, and limited periods of illness or accident. Dismissal in bad faith can lead to compensation.

- Fixed-term contracts - Fixed-term contracts end automatically on expiry. Renewals and successive renewals can change the legal analysis, so check the contract terms and practice.

- Non-compete clauses - Post-contractual restraints are permitted but must be in writing and reasonable in scope, duration and geographic reach. They are enforceable only under conditions set out in the law.

- Social security and employer obligations - Employers must register employees with social insurance systems and make required contributions for AHV/IV/EO, unemployment insurance, accident insurance and occupational pension where applicable.

- Dispute resolution - Many employment disputes start with conciliation procedures before civil courts. Cantonal authorities and courts in Aargau handle enforcement and judicial review.

Frequently Asked Questions

Can my employer fire me without giving a reason?

Yes, under Swiss law an employer may generally terminate an employment contract without stating a reason, except in cases where termination would be abusive or where special protection applies. Terminations that are discriminatory, in bad faith, or violate special protection periods may be contestable. If you think the dismissal is abusive, consult a lawyer quickly.

What notice period applies when I am dismissed?

Unless a different notice period is in your contract, statutory notice periods apply after probation. Common statutory periods are one month during the first year, two months from the second to ninth year, and three months from the tenth year onward. Probationary notice periods are shorter. Check your contract and any applicable collective-bargaining agreement.

What is a probation period and how long can it last?

A probation period allows both parties to end the employment relationship with shorter notice while assessing the fit. The statutory maximum probation period under Swiss law is three months, unless another arrangement is agreed and permitted by law or contract.

What is immediate dismissal for cause and when is it valid?

Immediate dismissal for cause occurs when one party commits serious misconduct that makes continuation of the employment relationship unreasonable. Examples include theft, gross negligence, or serious breaches of duty. The facts must be decisive and well-documented. If the employer does not meet the strict legal standard, the dismissed employee may claim damages.

Am I protected from dismissal during pregnancy or illness?

Swiss law provides special protection against dismissal during certain periods, such as pregnancy and specific time frames following an illness or accident. Protection rules and durations vary, so if you are pregnant or currently on medical leave, get prompt advice to confirm your protections and any deadlines for contesting a dismissal.

Do I have a right to severance pay?

There is no general statutory right to severance pay in Switzerland. Severance may be payable if it is written into an employment contract, collective-bargaining agreement or company policy, or if a court awards compensation for abusive dismissal. In limited cases of unfair dismissal, the court may award compensation equivalent to several months salary.

How do non-compete clauses work in Switzerland?

Post-contract non-compete clauses are permitted but must meet legal requirements: they should be in writing, reasonable in duration, geographic scope and subject matter, and protect a legitimate business interest. Overly broad restrictions can be invalidated. If you face enforcement of a non-compete, seek legal advice about validity and possible compensation.

What should I do if I believe I was wrongfully dismissed?

Act quickly. Preserve documents such as the contract, termination letter, emails and pay slips. Register with the regional employment office if you need unemployment benefits. Contact a lawyer to assess whether to start a conciliation procedure or court claim. Many disputes require a conciliation step before going to court, so timely action is essential.

How do I apply for unemployment benefits after being fired?

Register promptly with the regional employment office - RAV - to maintain eligibility for unemployment benefits. You will need your employment contract, termination letter, identification and records of social-insurance contributions. Timely registration is important to avoid gaps in benefit entitlement.

Where will an employment dispute be decided locally?

Employment disputes are typically handled by cantonal or district courts and often start with mandatory conciliation or mediation procedures at the local conciliation authority. If parties cannot reach agreement, the matter may proceed to the cantonal court system. For disputes in Wohlen, local Aargau authorities and courts handle proceedings. A lawyer familiar with Aargau practice can guide you through the local process.

Additional Resources

These organisations and institutions provide information, support or formal services relevant to hiring and firing in Wohlen and Aargau:

- Swiss Code of Obligations - key statutory source for employment contracts and termination rules.

- Arbeitsgesetz - Swiss Federal Labour Act - covers working hours, rest periods and workplace safety.

- State Secretariat for Economic Affairs - SECO - information on labour law policy and enforcement.

- Canton of Aargau - Cantonal labour and social services offices - local administration and guidance.

- Regional Employment Center - RAV - support for jobseekers and administration of unemployment benefits.

- Swiss social insurance institutions - for AHV/IV/EO, unemployment insurance and accident insurance questions.

- Trade unions such as Unia - support and advice for employees in collective matters and workplace disputes.

- Employer organisations - for employers needing guidance on drafting contracts and compliance.

- Cantonal conciliation authorities and district courts - where many employment disputes start and are resolved.

- Cantonal Bar Association or local employment law specialists - for referrals to qualified lawyers in Aargau.

Next Steps

If you need legal assistance with hiring or firing in Wohlen, follow these practical steps:

- Collect and preserve documentation - employment contracts, job descriptions, pay slips, termination letters, correspondence and any relevant policies.

- Note important dates - last working day, the date you received a termination notice, any deadlines indicated by authorities or insurers.

- Register with RAV promptly if you need unemployment support.

- Consider early legal advice - a lawyer can quickly assess the validity of a dismissal, advise on deadlines and represent you in conciliation or court.

- Ask about initial consultations and fees - many lawyers offer an initial assessment and can explain likely costs and options for legal aid or insurance coverage.

- Try to preserve evidence and avoid destroying documents or deleting messages that may be important.

- Keep communication professional - if you reply to a termination notice, consider getting legal input before sending important responses.

- Use mediation or conciliation where appropriate - these processes can be faster and less costly than court.

If you are unsure where to start, contact a lawyer specialising in Swiss employment law or the cantonal conciliation authority for Aargau. Acting promptly and with the right guidance will give you the best chance to protect your rights and reach a fair outcome.