Working conditions and remuneration

Working conditions and remuneration

An employment contract necessarily involves consideration of working conditions and remuneration.
In Switzerland, employers are obliged to comply with the legal rules governing these two aspects.
Labor regulations are governed by a number of texts, such as the Swiss Code of Obligations (CO), the Federal Labor Act (LTr) and its ordinances (OLT), and sector-specific regulations.
These provisions are rigorous, with the aim of guaranteeing adequate protection for workers.

Working conditions include working hours, breaks, annual leave and sick leave, as well as social benefits such as health and pension insurance.
Employers are obliged to ensure a safe and healthy working environment for their employees, and employees have the right to refuse to work in hazardous conditions.
In Switzerland, working conditions are generally satisfactory, with substantial legal protection for workers.

Employers are obliged to pay their employees the agreed remuneration, either customary or established by a standard employment contract or collective agreement (art. 322 para. 1 CO).
Wages are often high in Switzerland, and social benefits are generally advantageous.
However, the cost of living in this country can be high, which can have an impact on workers’ standard of living.

Working hours and rest periods

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

Every worker in Switzerland is entitled to a break during the working day to rest and eat.
However, smokers are not entitled to additional breaks.
The length of this break depends on the duration of the working day, as indicated in the employment contract.
However, your employer may decide to grant longer breaks than those stipulated by law.
In the case of flexible working hours, the length of the break will be determined according to the average length of the working day stipulated in the contract.
Employers can also draw up regulations governing breaks, defining the times and premises for them.
It is therefore advisable to find out about the rules in force at your company.
Employees in Switzerland are also entitled to a weekly rest day (art. 329 para. 1 CO).
It is important to note that breaks are generally unpaid.

The employee may also be required to work overtime.
In this case, overtime can 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, there is no national minimum wage, but some cantons have established minimum wages applicable within their territory, which vary by region.
Employers must comply with the minimum wages set by their canton for each category of worker.
In some sectors, minimum wages are also set in industry-specific collective labor agreements (CCT) or national collective labor agreements (CCNT).

Salary structure is also important for employees in Switzerland, with employers required to establish a salary scale for each category of employee, based on experience, qualifications and responsibilities.
Employers are obliged to guarantee fair remuneration for all employees, without any form of discrimination.

Workers are also entitled to social benefits such as health insurance, accident insurance, old-age insurance and unemployment insurance, for which employers are obliged to pay a proportion for their employees.

Paid leave and public holidays

In Switzerland, employees are entitled to a certain number of paid days off, as well as public holidays.
They are entitled to a minimum of 4 weeks’ vacation per year, and this is increased to 5 weeks for employees under 20 years of age, regardless of their level of employment (art. 329a para. 1 CO).
Collective bargaining agreements may provide for additional vacations, and employers may also grant longer vacations.
Public holidays are regulated in Switzerland, with August 1st being the only national holiday, while the others 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 cannot be compensated, but it does not count as a vacation either.

Employees in Switzerland are entitled to paid sick leave in the event of illness or accident.
Employees 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.

Employees in Switzerland also benefit from paid leave in the event of pregnancy or paternity.
Maternity leave is 14 weeks, while paternity leave is 2 weeks.
Other types of leave may also be granted, such as leave to care for relatives or leave to care for a seriously ill child.

In the event of a dispute over working conditions or remuneration, it is advisable to consult a specialist lawyer to protect the rights and interests of workers.

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