Genève pratique
Practical Geneva
Swiss labour law
Who is concerned
- employees recruited locally by permanent missions, unless the written employment contract provides for the application of foreign law; law of the sending State;
- spouses of members of Permanent Missions and international civil servants and their children who have obtained a Ci permit;
- employees of NGOs can consult the information of the NGO Service (See the section: work permit).
Swiss employment contract
The law does not impose any special forms. The contract may be concluded in writing or orally. It is recommended that the parties conclude a written employment contract on the basis of:
- the Swiss Civil Code (Code of Obligations- CO)
- the Labour Law (LTr; in French)
In the event of a dispute, the legal provisions shall apply.
A detailed employment contract must include the following information:
- Function and job description (tasks)
- Date of entry into service
- Trial period (CO art. 335c): between 1 and 3 months' notice maximum. During this period, the period of notice for terminating the contract is 7 days
- Duration of the contract (indefinite or definite)
- Working hours: depends on the sector of activity (max 45 hours or 50 hours per week; beyond that, it is called overtime)
- Gross monthly salary (wages without deductions) (CO art. 322, 323, 323b)
- Insurances summary of available information (in French)
- Holidays (CO art. 329a), public holidays and working hours (LTr art. 9)
- Overtime (CO art.321c): the salary supplement is 25%
- End of the employment relationship (CO art. 334, 335, 335a, 335b, 335c, 337): depends on seniority: 1 year = 1 month; 2 to 9 years = 2 months, more than 9 years = 3 months. The contract is terminated at the end of the current month
There is no minimum wage in Switzerland. Certain business sectors benefit from a collective labour agreement (CLA, CCT in French):
- Information from the Republic and Canton of Geneva in French
- Overview of collective labour agreements offered by SECO (State Secretariat for Economic Affairs) on the website ch.ch.
- Consult the online salary calculator of the «Union Syndicale Suisse» (USS) or the State Secretariat for Economic Affairs -SECO.
Reference letter
All employees are entitled to a reference letter at the end of an employment relationship. You should also seek to obtain an interim reference if your line manager changes. Employees can also request an interim reference when they change jobs within the same company (CO art. 330a).
Legal proceedings
In the event of unfair dismissal, you can resort to the «Tribunal des Prud'Homme». The procedure is free of charge in Geneva.
The lawyers of the permanent staff of the Geneva Bar Association can advise you at low cost on any question relating to employment law.
