Best Labor Law Lawyers in Arlesheim

About Labor Law in Arlesheim, Switzerland

Labor law in Arlesheim operates within the Swiss federal framework and the cantonal framework of Basel-Landschaft. Most employment rules, such as contracts, termination, working time, vacation, and protection from discrimination, are set by federal statutes like the Swiss Code of Obligations and the Labor Act. Cantons and municipalities are responsible for enforcement in areas such as health and safety at work, working time inspections, and public holidays. Arlesheim is in the canton of Basel-Landschaft, so local authorities in this canton handle inspections, conciliation in disputes, and certain administrative processes.

Employment relationships in Switzerland are highly contract based and often influenced by collective bargaining agreements in specific industries. There is no nationwide general minimum wage. Many rights and duties are implied by law even if not written in the contract, for example the duty of care toward employees and the duty of loyalty toward employers. Swiss law emphasizes proportionality, good faith, and clear procedures, which means careful documentation is important for both employers and employees.

This guide provides general information to help you understand your rights and options. It is not a substitute for individualized legal advice.

Why You May Need a Lawyer

People in Arlesheim may seek a labor lawyer for many reasons. Common situations include reviewing or negotiating employment contracts, bonus and commission structures, non-compete and confidentiality clauses, and variable working time arrangements. Termination issues are frequent, such as assessing whether a dismissal is abusive, whether a summary dismissal is justified, or whether protection periods apply during illness, pregnancy, or military service. Employees also seek help with unpaid wages, overtime or holiday pay disputes, and the right to a reference letter.

Other frequent matters include workplace harassment or discrimination claims, equal pay issues, data privacy and monitoring in the workplace, cross-border commuting and remote work implications, and questions about work permits for foreign nationals. Employers often consult counsel on setting compliant policies, managing long term sickness cases, implementing time recording, handling restructurings and mass layoffs, and applying collective bargaining agreements. A local lawyer can assess facts against Swiss and Basel-Landschaft rules, represent you in conciliation and court, and help you avoid costly mistakes.

Local Laws Overview

Contracts and probation periods are primarily governed by the Swiss Code of Obligations. Employment agreements can be oral or written, but written terms reduce disputes. A probation period of up to three months is common. During probation, the notice period is seven days unless the parties agree otherwise. After probation, the statutory notice period is one month in the first year, two months from the second to the ninth year, and three months from the tenth year, with deviations possible by written agreement or collective agreement so long as minimum safeguards are respected. Dismissals must respect protection periods related to illness or accident, pregnancy and the period after childbirth, and military or civil defense service.

Working time and health and safety are governed by the Labor Act and its ordinances. Maximum weekly working hours depend on the sector, and there are rules on night and Sunday work, rest periods, and health protection. Overtime and extra hours must be compensated, either by time off or with a wage supplement, often at a minimum of 25 percent, subject to contract and collective agreement specifics. Employers must record working time unless an agreed simplified regime lawfully applies to certain higher autonomy roles.

Wages are primarily a matter of contract and collective agreements. Switzerland has no general federal minimum wage. As of the time of writing, the canton of Basel-Landschaft does not have a general cantonal minimum wage. Some sectors are covered by collective bargaining agreements with binding minimums that also apply in Basel-Landschaft. A 13th month salary is not mandatory unless agreed by contract or collective agreement. Vacation is at least four weeks per year for adults, with more for younger employees, and public holidays are set by canton and municipality. In Basel-Landschaft, specific holidays are treated as Sundays under cantonal rules.

Salary continuation during illness follows the Code of Obligations and local case law scales if the employer has not insured a daily sickness benefit plan that meets legal standards. Maternity benefits are paid through social insurance for a set period at a percentage of salary up to a legal maximum, with protections before and after birth. Paternity and adoption leave also exist at the federal level. Anti-discrimination and equal pay are protected by federal law, and employers must protect employee personality rights, which includes preventing harassment and ensuring data privacy consistent with the Federal Act on Data Protection.

In Arlesheim and the wider Basel-Landschaft canton, employment disputes typically start before a conciliation authority. Employment cases up to a defined monetary threshold use a simplified procedure and are free of court fees at first instance. Many claims have short deadlines to object and file, so early action is important. Compliance and inspection matters are handled by the cantonal labor inspectorate within the Office for Economy and Labour. Unemployment registration and support are handled by the regional job placement offices.

Frequently Asked Questions

Is there a minimum wage in Arlesheim

There is no general federal minimum wage in Switzerland. As of the time of writing, Basel-Landschaft has no general cantonal minimum wage. However, some sectors are covered by collective bargaining agreements with minimum pay that also apply in Basel-Landschaft. Your contract or a sector agreement may set binding minimums.

What notice period applies if I am dismissed

Unless a different written agreement or collective agreement applies, the statutory notice is one month in the first year, two months in years two through nine, and three months from the tenth year. During probation, the notice period is seven days unless otherwise agreed. Notice usually takes effect to the end of a month unless the contract says otherwise.

Can my employer dismiss me while I am sick or pregnant

Ordinary dismissal is prohibited during protection periods, which include defined periods of illness or accident after the probation period, pregnancy and a period after childbirth, and certain military or civil defense service. Outside these protection periods, a dismissal can still be abusive depending on the motive. Summary dismissal for just cause is possible only for very serious reasons.

Am I entitled to overtime pay

Overtime and extra hours are regulated by the Code of Obligations and the Labor Act. Generally, hours worked beyond the agreed schedule must be compensated by time off or paid, often with a 25 percent supplement unless validly agreed otherwise or governed by a collective agreement. There are special limits and rules for night and Sunday work. The exact entitlement depends on your role, contract, and whether the Labor Act applies to your position.

Is a 13th month salary mandatory

No. A 13th salary is only owed if it is agreed in your contract or a collective agreement, or if it has become an implicit contractual term through consistent long term practice without clear reservation.

Are non-compete clauses enforceable

They are enforceable only if reasonable in scope, time, and geography, and only if the employee had access to sensitive information or customer relationships that could harm the employer. Courts can reduce overly broad clauses. Compensation during the restraint is not mandatory by law, but the presence or absence of compensation can affect enforceability.

Do I have a right to a reference letter

Yes. You have the right to a truthful and benevolent reference letter that covers the nature and duration of the employment and your performance and conduct. You may also request a simple confirmation that states only the job title and dates.

How are vacation and public holidays handled

The minimum vacation is four weeks per year for adults, with more for younger employees. Public holidays are set by canton and municipality. Cantonal rules determine which days are treated like Sundays where work is restricted. Your contract or a collective agreement may grant additional paid holidays.

What should I do if my employer does not pay my wages

Document the amounts due, remind your employer in writing, and set a short deadline. If payment is still not made, you can pursue debt collection and civil claims. Wage claims are generally subject to a five year limitation period. If non payment is serious, you may be able to stop work or terminate with immediate effect after warning, but get legal advice before taking such steps.

How do I challenge an abusive dismissal

To preserve your rights, you must object to the dismissal in writing before the end of the notice period. If the employment ends, you must file your claim within a short statutory deadline. Remedies typically include compensation up to several months of salary, not reinstatement. Seek advice quickly because deadlines are strict.

Additional Resources

State Secretariat for Economic Affairs, which publishes federal guidance on working time, health and safety, and collective agreements.

Cantonal Office for Economy and Labour Basel-Landschaft, which includes the labor inspectorate for working time and health and safety, and contact points for employers and employees in the canton.

Regional Job Placement Offices in Basel-Landschaft, which handle unemployment registration and support for job seekers. Register as soon as you know you will be unemployed.

Migrationsamt Basel-Landschaft, for work permit and residence matters affecting employment relationships.

Conciliation authorities and district courts in the Arlesheim district, which handle employment disputes before court proceedings.

Trade unions active in the region, such as Unia or Syna, and employer associations, which can provide sector specific information and support.

Independent advisory centers and legal aid services in Basel-Landschaft, which may offer initial guidance or means tested assistance.

Next Steps

Start by gathering your documents, including your employment contract and amendments, job description, policies, emails, time records, pay statements, medical certificates, and any correspondence about performance, warnings, or termination. Write down a timeline of events and preserve evidence. If you received notice of termination, note the date and the end of the notice period so you can object in time if necessary.

Contact a labor lawyer who practices in Basel-Landschaft. Ask about experience with your type of issue, expected strategy, costs, and potential outcomes. If you have legal expenses insurance, notify your insurer and request coverage approval. If you will be unemployed, contact the regional job center and register without delay to protect your benefits. If health and safety or working time concerns are involved, consider contacting the cantonal labor inspectorate. For cross border or permit issues, check requirements with the cantonal migration office.

Many employment claims have short deadlines, especially for abusive dismissal and discrimination. Do not wait to seek advice. A local lawyer can evaluate your position under Swiss and Basel-Landschaft law, negotiate a settlement if appropriate, and represent you in conciliation and court.