Best Labor Law Lawyers in Wohlen

About Labor Law in Wohlen, Switzerland

Labor law in Wohlen is governed primarily by Swiss federal law, with some implementation and support services provided at the cantonal and municipal level. The main federal rules are in the Code of Obligations - which covers employment contracts, notice periods and salary matters - and the Labour Act - which regulates working hours, health and safety and certain minimum standards. Canton Aargau and local authorities in Wohlen provide enforcement, inspection and support services, and collective agreements or company policies can add further rules for specific sectors or employers. In practice this means that individual employment relationships are structured by a mix of contract terms, federal minimum requirements and any applicable collective agreements.

Why You May Need a Lawyer

Employment matters often involve time-sensitive rights, complex contract terms and significant financial or reputational consequences. Common situations where a lawyer can help include:

- Dispute over dismissal - wrongful, abusive or constructive dismissal claims. - Unpaid wages, bonuses, commissions or unpaid overtime. - Conflicts about notice periods, probationary terminations or fixed-term contracts. - Harassment, discrimination or unequal treatment at work. - Workplace accidents, occupational disease and claims for compensation. - Collective redundancies, restructuring and negotiations over social plans. - Drafting or reviewing employment contracts, non-competition and confidentiality clauses. - Cross-border employment issues - tax, social security and cross-border commuting. - Representing you in conciliation proceedings and civil court actions. - Assessing entitlement to leave - maternity, paternity, sick leave and disability-related protections.

Local Laws Overview

The following key points summarize the most relevant legal aspects for employees and employers in Wohlen:

- Employment contracts - Employment relationships can be written, verbal or implied. Written contracts are recommended to avoid disputes. Fixed-term contracts end automatically at expiry; indefinite contracts continue until properly terminated. Probationary periods are common and often last up to three months. - Notice periods - Notice periods are typically specified in the employment contract. If not specified, statutory notice periods in the Code of Obligations apply. Employers and employees must respect these notice periods when terminating an employment relationship. - Working hours and overtime - The Labour Act sets maximum working hours for different sectors and protects health and safety. Overtime generally must be compensated by extra pay or time off in accordance with contract or legal rules. - Salary and benefits - There is no general federal minimum wage in Switzerland. Sectoral collective bargaining agreements or company policies may set minimums. Payslips and timely payment of salary are essential. - Vacation and leave - Minimum annual vacation is set by law (with higher minimums for younger workers). Maternity leave and other statutory leaves are provided at federal level. Paternity leave and other benefits may be available under social insurance schemes. - Protection against unfair dismissal - Swiss law allows termination without cause in many cases, but dismissals may be unlawful if they violate protected periods or are abusive or discriminatory. There are specific protected periods - for example related to illness, accident, pregnancy and certain types of service - during which termination may be invalid. - Collective dismissals and restructuring - Mass redundancies trigger additional consultation and administrative steps. Employers must follow legal and contractual procedures and may have obligations to inform and consult employee representatives and cantonal authorities. - Enforcement and dispute resolution - Initial disputes are often handled through conciliation authorities at the cantonal level. If conciliation fails, civil courts decide employment claims. Cantonal labour inspectorates monitor compliance with health and safety rules.

Frequently Asked Questions

What laws govern my employment relationship in Wohlen?

Your employment relationship is primarily governed by the Swiss Code of Obligations (contractual terms, notice, salary) and the Labour Act (working hours, health and safety). Cantonal offices and any applicable collective employment agreements can add specific rules.

Do I have a statutory minimum wage in Wohlen?

Switzerland does not have a single federal minimum wage. Certain cantons or sectors may have minimum wages through cantonal regulation or collective agreements. In practice, many workers are protected by sectoral collective bargaining agreements or company policies rather than a general statutory floor in Aargau.

How much vacation am I entitled to?

Federal law sets a minimum vacation entitlement. The usual minimum adult entitlement is four weeks per year, with longer minimums for younger employees. Your contract or a sector collective agreement may provide more generous leave.

What notice period must my employer give to terminate my job?

Notice periods are usually set in the employment contract. If not, statutory notice periods in the Code of Obligations apply. Probationary periods allow shorter notice. Always check your contract and act promptly if you think the notice was incorrect.

Can I be dismissed without a reason?

Swiss law allows terminations without cause in many circumstances, but dismissals are restricted during certain protected periods and may be invalid if they are abusive, discriminatory or violate good faith. If you suspect an unlawful dismissal, seek legal advice quickly.

Am I entitled to severance pay?

There is no automatic right to severance pay under federal law in most cases. Severance may be due if the contract, company practice, collective agreement or a court decision provides for it - for example in some cases of abusive dismissal or negotiated termination agreements.

What should I do if I am not paid my wages or overtime?

Document unpaid amounts with payslips, time records and correspondence. Raise the issue with your employer in writing, and if unresolved, seek assistance from the cantonal labour inspectorate, your union or a lawyer. Prompt action is important because claims can be subject to limitation periods.

How are workplace discrimination and harassment handled?

Discrimination and harassment are prohibited. You should report incidents according to your employer's internal procedures and keep records. If internal remedies fail, you can file a complaint with cantonal authorities, union representatives or pursue civil claims with legal assistance.

What happens if I get sick or have an accident - can I be fired?

Certain periods of illness, accident and pregnancy trigger limited protection against dismissal. Termination during these protected periods can be invalid. The length of protection depends on the duration of employment and the specific circumstances. Consult a lawyer promptly if you are dismissed while on sick leave or during pregnancy.

Where do I file a claim if conciliation fails?

If conciliation before the local conciliation authority does not resolve the dispute, you can bring the case before the competent civil court in the canton. Many employment disputes are first handled by conciliation procedures at the district or cantonal level.

Additional Resources

These local and national resources can help you understand your rights and find assistance:

- Cantonal labour inspectorate and cantonal employment office - for enforcement, working time and safety issues. - Regional employment centres (RAV) in Aargau - for unemployment and placement services. - State Secretariat for Economic Affairs (SECO) - provides information about national labor law standards. - Federal Office for Gender Equality - for discrimination and equal treatment matters. - Cantonal conciliation authorities and district courts - for initial dispute resolution and legal proceedings. - Trade unions and sectoral associations - for collective agreement details and support. - Aargau Bar Association and local law firms - to find lawyers specialized in employment law. - Legal aid and pro bono services - available at cantonal level for those who qualify, and some unions provide legal support. - Legal expenses insurance - if you have legal protection insurance (Rechtsschutz), it may cover employment disputes.

Next Steps

If you need legal assistance with a labor law matter in Wohlen, follow these practical steps:

- Gather documents - contract, payslips, emails, work-time records, medical certificates and any written notices. Keep a clear timeline of events. - Act promptly - many employment rights are time-sensitive. Contact authorities or a lawyer quickly to preserve your rights. - Seek initial advice - contact a lawyer who specialises in employment law or your union for a first assessment. Many lawyers offer an initial consultation. - Consider informal resolution - a well-documented, written request to your employer may resolve disputes; mediation is often faster and less costly than litigation. - Check for legal aid or insurance - see if you qualify for cantonal legal aid or have legal expenses insurance. Unions may provide support. - Prepare for conciliation - if a formal dispute is necessary, conciliation is usually the first step before court. Your lawyer will guide you through the process. - Choose the right representative - select a lawyer with experience in Swiss employment law and, if needed, knowledge of canton Aargau practice and courts. Ask about fees, likely timelines and strategy before you commit.

Employment disputes can be stressful, but informed and timely steps improve outcomes. If you are unsure about your situation, book a consultation with a local employment lawyer or contact relevant cantonal authorities for guidance.