The following information is needed for onboarding:

• Employee details
• OASI number
• residence permit,
• prosecution certificate,
• criminal record extract

The maximum probationary period permitted by law is three months (article 335(b)(2) of the Code of Obligations). An extension of this probationary period is not permitted, either by agreement or at the employer's discretion. However, where the probationary period is interrupted by illness, accident or performance of a legal obligation, it will be extended accordingly (article 335(b)(3) of the Code of Obligations).

In Switzerland, there are 26 cantons (states) and each canton sets its public holidays independently. August 1st (national holiday) is the only federal holiday. The labor law equates it to Sunday. The cantons can make a maximum of eight other public holidays a year on Sunday. In most Cantons, the following are 9 legally recognized public holidays are generally observed:

• January 1: New Year's Day
• April 17: Sechseläuten
• April 29: Pentecost Monday
• May 18: Ascension Day
• August 1: Swiss National Day
• September 9 - 11: Knabenschiessen
• December 25: Christmas

If a public holiday falls on a Saturday or Sunday, it will not be moved to a weekday.

Employees are entitled to 4 weeks of paid vacation per year, of which at least 2 weeks must be consecutive. Where an employee has not yet completed one year’s service, his holiday entitlement is fixed pro-rata. Employees under the age of 20 are entitled to five weeks of paid vacation.

An employer cannot pay employees in lieu of granting them time to take a vacation, and unused vacation generally cannot be carried over to the following year. In cases where a public holiday falls during an annual vacation, the vacation period shall be extended accordingly. Swiss Code of Obligations, March 30, 1911, Art. 329 (a)(c).

All employees residing or gainfully employed in Switzerland are entitled to sickness benefits. The insured pays premiums, which vary depending on the fund, the type of benefits provided, the age first insured, and the canton. Employers are not required by law to contribute, but some collective agreements require the employer to share employees’ membership fees.

Swiss law requires employers to continue to pay employees who are unable to work due to illness for up to 3 weeks in the first year of employment and for longer periods at full pay proportionate to longer periods of employment. Cantons specify sick leave limits after an employee’s first year. Employers may require a medical certificate for any absence longer than 3 consecutive days due to sickness.

All employees are entitled to maternity leave for 14 weeks after the birth of a child.  

Pay – An employee who has worked at least five out of the nine months before birth may receive 80 percent of her regular pay as a daily allowance subject to a maximum of 196 francs per day from Social Security. Female employees who have recently given birth may not be employed for 8 weeks after the birth and then only with their consent up to the 16th week. 

There are no specific provisions for maternity leave before the birth of a child, but pregnant employees can take sick leave during this time if they cannot work. Female employees may not work during the first 8 weeks after the birth. Pregnant women may not be employed between 8 p.m. and 6 a.m. from the 8th week before the birth.

Employees are entitled to 2 weeks (10 days) of paid leave which can be taken up to 6 months following the birth of the child and may be split up in daily or weekly increments. Fathers will receive compensation equal to 80% of their income. 

Leave to care for relatives:

As per a new federal act effective 1 January 2021, an employee is entitled to continued salary payment in the event of short absences, and extended care credits within OASI.

Jury Leave/ Voting Leave : 

Employers are required to grant their employees a paid leave of not less than three weeks in order to perform their legal obligations.  

Bereavement Leave: 

Employees are entitled to up to 3 days of paid leave due to the death of a close family member. The precise conditions are often set by collective agreements. 

Leave for Extra-Curricular Activities: 

Employees under 30 years of age are entitled to 1 week of leave without pay per year to do volunteer work for a social or cultural organization. Any leave for youth work not taken by the end of the calendar year is forfeited. Leave days not taken expire at the end of the calendar year.

Termination is considered legally valid from the moment the recipient receives it.

The statutory notice periods are as follows:

• 7 days during the trial period
• 1 month during the first year of service
• 2 months during the second to the ninth year of service
• 3 months from the tenth year of service

Alternatively, the parties can contractually agree on a notice period. A fixed-term employment contract ends on the expiry of the agreed period.

Swiss private employment law does not provide for statutory severance pay, except for employees of at least 50 years of age with at least twenty years of service. Such employees are entitled to severance of between 2- and 8 months’ salary; however, as pension benefits financed by the employer are deducted from the amount due, this exception hardly ever applies in practice. 

An obligation to pay severance may nevertheless arise from a contractual provision contained in an individual employment contract, in a collective bargaining agreement, or in a social plan (negotiated either voluntarily or in the application of the rules on large-scale redundancy). And of course, employers may offer voluntary or negotiated severance, for example, as part of a termination agreement.

In Switzerland, there are two ways one may obtain a work permit:

A citizen of an EU member state or a citizen of the European Free Trade Association (and can enter Switzerland for 3-6 months while they search for a job):

• L (short-term resident): This is a permit valid from 3-12 months for individuals who have a valid employment contract.
• B (resident foreign nationals): This permit is for foreign nationals who have a valid employment contract for at least 12 months. This permit is valid for up to 5 years and can be extended automatically if the duration of the employment is extended.
• C (settled foreign nationals): This permit is valid indefinitely after one has resided in Switzerland for 5 uninterrupted years.
• G (cross-border nationals): For citizens who work in Switzerland but reside in a different country. Cross-border commuters must return home at least once a week.

Note that the EU Blue Card is not valid in Switzerland.

Non-EU/EFTA Nationals: When an EU/EFTA citizen cannot be hired for a job, a company can extend a job offer to a third-party national. The employer must be able to show that they have made efforts to hire an EU/EFTA or any individual that already resides in Switzerland and must be able to show why the candidate was not fit for the job. For non-EU/EFTA nationals, permits L, B, and C can be applied for. However, there is no limit to how long it may take to obtain the work permit.

If the applicant is in a non-terminated employment relationship, the current employer may not be contacted by the potential employer without the applicant’s consent. In principle, references may only be obtained with the employee’s consent, and former employers may not say more than what is already stated in the job reference. However, clarifications regarding the job reference are permitted.

If no reference is available, the former employer may not even confirm that an employment relationship existed between it and the applicant. It is also questionable to what extent the inclusion of personal information from the internet, and especially from social media platforms, during the application procedure is permissible. Some scholars opine that employers must abstain from these practices; others think that employers are under an obligation to confront the applicant with online search results.

Although the data that can be found on the internet is publicly accessible, this does not release the employer from the obligation to limit the processing of personal information relevant to the issues of suitability and feasibility of an employment relationship (Article 328(b) of the Code of Obligation). The consent of the applicant is always required if external graphological expertise is sought or a psychological aptitude test is to be carried out. Here too, the question of relevance to the job to be filled arises. Thus, if external specialists are commissioned to conduct a background check, they must always act responsibly, cautiously and with respect for the privacy of the candidates.