Working conditions and remuneration

Working conditions and remuneration are key elements of any employment contract. In Switzerland, employers must comply with the legal provisions governing working conditions and remuneration. Work is regulated not only by the Swiss Code of Obligations (CO), but also by the Federal Labor Act (LTr) and its ordinances (OLT). Certain specific sectors also have their own regulations in the form of collective labor agreements (CCT). The legal provisions are quite strict, to protect workers.

Working conditions include working hours, breaks, days off, sick leave and social benefits such as health and pension insurance. Employers are required to provide a safe and healthy working environment for their employees. Employees also have the right to refuse to work in dangerous conditions. Working conditions in Switzerland are generally good, with important legal protections for workers.

Employees receive the agreed remuneration from their employer, either customary or defined by a standard employment contract or collective agreement (art. 322 para. 1 CO). Salaries are generally moderate, and benefits are well developed. However, the cost of living in Switzerland can also be high, which can affect workers’ standard of living.

Working hours and rest periods

Working hours and rest periods are also important elements of an employment contract in Switzerland. The maximum working week is 45 to 50 hours, depending on the field and circumstances (art. 9 LTr; art. 2 OLT 1).

In Switzerland, every worker is entitled to a break during the working day to rest and eat. Smokers are not entitled to additional breaks. The length of this break depends on the duration of the working day as specified in the employment contract. However, it is important to note that your employer may grant you longer breaks than those provided for by law. In the case of flexible working hours, the length of the break will be determined on the basis of the average length of the working day stipulated in the contract. Employers have the option of drawing up regulations governing breaks, including the times and premises for them. It is therefore important to find out about the rules in force at your company. Workers are also entitled to a weekly rest day (art. 329 para. 1 CO). Breaks are generally unpaid.

It is possible for an employee to work overtime. These hours may be compensated by time off of at least the same duration (art. 321c para. 2 CO), or by the normal salary plus at least a quarter (art. 321c para. 3 CO).

Minimum wage and salary structure

In Switzerland, although there is no national minimum wage, some cantons have introduced minimum wages applicable within their territory. These minimum wages vary from region to region. Employers must comply with the minimum wages set by their canton for each category of worker.

In some sectors in Switzerland, minimum wages are set out in industry-specific collective labor agreements (CLA) or national collective labor agreements (CCNT).

Salary structure is also important for employees in Switzerland. Employers must determine a salary scale for each category of employee, based on experience, qualifications and responsibilities. Employers must guarantee fair remuneration for all employees, without discrimination.

Workers are also entitled to social benefits, such as health insurance, accident insurance, old-age insurance and unemployment insurance. Employers are required to pay part of these insurances for their employees.

Paid leave and public holidays

Employees in Switzerland are entitled to paid vacations and public holidays. They are entitled to a minimum of 4 weeks’ vacation per year, and 5 weeks for employees under 20 (art. 329a para. 1 CO). This applies regardless of the employee’s level of employment. Some collective bargaining agreements provide for additional vacations. Employers may also grant their employees longer vacations.

Public holidays are also regulated in Switzerland. August^1st is the only national holiday in Switzerland, while other public holidays vary from canton to canton. Cantons may set a maximum of 8 additional public holidays (art. 20a LTr).

If a public holiday falls on a Saturday or Sunday, it is not possible to make up for it. On the other hand, a public holiday does not count as a vacation day.

Employees in Switzerland are entitled to paid sick leave in the event of illness or accident. Workers must inform their employer of their absence as soon as possible, and provide a medical certificate to justify their absence. Employers are obliged to pay wages for a limited period during absences due to illness or accident.

Finally, in the event of pregnancy or paternity, employees in Switzerland are entitled to paid leave. Maternity leave is 14 weeks (art. 329f CO), while paternity leave is 2 weeks (art. 329g CO).

Other forms of leave are also possible, such as leave to care for relatives (art. 329h CO), or leave to care for a seriously ill child (art. 329i CO).

In the event of a dispute over working conditions or remuneration, we strongly advise you to consult a specialist lawyer, in order to protect your rights and interests. Especially since defending your rights and interests often involves meeting deadlines and other obligations.