Attorney Labor Law Lucerne | Specialist | Law Firm

Attorney Labor Law Lucerne - Law Firm Beeler & Marbacher

Employment Contract

Before the Conclusion of an Employment Contract, the Foundations for the Employment Relationship are Established. The Employment Contract is Primarily Governed by Articles 319 et seq. of the Swiss Code of Obligations.

As a Lucerne-based law firm specializing in employment law, we assist you in all matters related to employment contracts. We advise you on:

• The rights and obligations of both employers and employees
• Statutory mandatory provisions and collective bargaining agreements
• Special requirements for employment contracts, such as part-time contracts, hourly wage contracts, commission-based contracts, or job sharing
• Work time models, including annual working hours, hourly wages, flexible hours, on-call work, or standby duty

In the context of contract reviews and other case resolutions, we have handled hundreds of employment contracts. As representatives of both employers and employees in private and public employment law, we understand the interests of both sides. Benefit from our extensive experience. We would be happy to draft tailored employment contracts for you and provide comprehensive advice.

Rights and Obligations in the Employment Relationship

In an ongoing employment relationship, employers and employees have various rights and obligations. The employer is primarily obligated to pay the agreed-upon salary, to grant reasonable vacation, leave, and free time, and to protect the health of the employee. Conversely, the employee has the obligation to perform their work personally and diligently, to comply with the instructions and orders of the employer, and to act in good faith towards the employer.

The exact scope of individual rights and obligations is not always clear. This leads to many questions, such as those regarding:

• Incapacity to work (due to illness or accident, such as burnout or skiing accident),
• Other absences (such as vacation, maternity leave, military service, civil service, unpaid leave, etc.),
• Warnings and threats of dismissal,
• Bullying, discrimination, or sexual harassment,
• The preparation and assessment of employment references or interim references,
• Overtime or additional hours.

With our expertise as specialist lawyers in employment law, we are here to answer your questions and support you in all phases of the employment relationship. Through our extensive experience, we bring empathy and understanding to any difficulties related to the workplace.

Termination of the Employment Relationship

When terminating an employment relationship, a distinction is made between fixed-term and indefinite-term contracts. Fixed-term employment contracts typically end upon expiration, while indefinite-term contracts usually require a notice of termination. This notice can be given by either the employee or the employer. There are two types of termination:

• Ordinary Termination
• Extraordinary Termination

This distinction is of great importance, as only in the case of ordinary termination must the notice period specified in the employment contract be adhered to. If the extraordinary termination is not lawful, compensation is owed.

Do you have questions regarding the termination of an employment relationship?

• Do you want to assert financial claims due to an unlawful extraordinary or abusive termination?
• Do you have questions about blocking periods (e.g., due to incapacity to work due to illness, accident, pregnancy/maternity leave, military service, etc.)?
• Would you like to know if the prerequisites for an extraordinary termination are met?
• Are you considering releasing someone but want to account for their vacation and overtime entitlements?
• Have you been terminated and would like to understand your rights, obligations, and financial claims?

With our extensive expertise, we are well-versed in amicable contract terminations through termination agreements, as well as unilateral contract terminations through ordinary or extraordinary notice. We will guide you on how to validly and lawfully terminate the employment relationship and help you secure your claims.

Claims Following Termination of the Employment Relationship

Often, employment-related claims are only asserted after the termination of the employment relationship. In such cases, it is essential to adhere to the applicable deadlines. While claims arising from the employment relationship generally become time-barred after five years, a claim regarding wrongful dismissal must be contested by the end of the notice period.

Has your employment relationship also been terminated, and do you have questions about this matter?

• Are you facing claims related to wages, overtime, vacation entitlements, or other demands?
• Do you need an employment reference or a letter of recommendation, or has an employee requested a reference from you?
• Are you confronted with a non-compete clause or a confidentiality obligation and wish to verify their legality?
• Do you need assistance in asserting your claims with unemployment insurance?

The law firm Beeler & Marbacher in Lucerne deals with such inquiries on a daily basis. With our extensive expertise in employment law, we provide optimal support in asserting or defending claims related to overtime, vacation, or wrongful dismissal. We assist you in drafting your employment reference with precision and evaluating its usefulness. We assess the validity and enforceability of non-compete clauses as well as any related penalty clauses. The same applies to the potential enforcement of a non-compete obligation (i.e., the actual enforcement of the non-compete clause).

Law Firm Beeler & Marbacher: Your Specialist Law Firm (SAV) for Labor Law in Lucerne

Employment law is our daily business. As representatives of employers and employees in both private and public employment law, we understand the interests of both parties. This enables us to optimally support and advise you tactically at every stage of an employment relationship.

Benefit from our extensive expertise.

• We have drafted and assessed several hundred employment contracts.
• We possess many years of litigation experience in all areas of employment law.
• We have specialist lawyer expertise (SAV Employment Law).
• We have conducted various training sessions and lectures on employment law as experts.

Together with you, we will develop tailored employment contracts and regulations or review existing ones for you. We provide advice on all matters related to employment relationships and present you with pragmatic solutions. Even in difficult and challenging situations, we find the right approach and guide you toward an appropriate resolution. We are familiar with both everyday and unconventional claims. You can rely on our expert support when managing your claims.

Our extensive experience and strong network in the greater Lucerne area, combined with our expertise as specialist lawyers, enable us to provide efficient, systematic assessments and solution-oriented case resolutions. In the event of insurmountable differences, we will represent you before the courts and other authorities.

Do you have questions regarding employment law? Then do not hesitate to get in touch with us. You can reach us at:

• by phone at +41 41 280 64 64
• by email at mail@beelermarbacher.ch