Switzerland
There is no strict limit on the duration of a fixed-term contract, but its existence should reflect a genuine need of a temporary nature. Contracts renewed multiple times without a break, especially if for the same role, are subject to high scrutiny and will likely be considered permanent.
Workers recognize one paid federal holiday and up to eight cantonal (regional) holidays. Work performed on a public holiday or on a Sunday must be optional and compensated at 150%.
Most Workers are entitled to at least four weeks (20 working days) of paid vacation time off annually. Workers under the age of 20, over the age of 50, or working in specific sectors (ex. banking or finance) are entitled to five weeks (25 working days) of paid vacation time off annually. Unused vacation generally cannot be carried over to the following year.
The maximum probationary period is three months. Two days’ notice is required to terminate a Worker during the probationary period.
After three months of service, Workers are entitled to paid sick leave for up to three weeks during the first year of service (that amount increases in subsequent years). A medical certificate may be requested after three consecutive days of absence due to injury or illness.
A regular work week is 42 hours. Workers are entitled to one day off each week, which should generally be a Sunday. Workers are entitled to 11 consecutive hours of rest per day.
Hours worked over 42 per week are considered overtime. The 43th to 45th hour worked per week are compensated at a Worker’s regular rate. Any hours exceeding 9.5 per day or 45 per week must be compensated at 125% or time off in lieu if agreed to by the Worker. Overtime hours may not exceed 170 hours per year. A Worker who works temporarily at night receives a wage supplement of at least 25%. In the case of permanent night work, the supplemental compensation is at least 10%.
Workers are entitled to a 13th-month salary equivalent to 8.33% of the Worker’s annual salary.
Terminations with proper notice do not require a reason, provided they are not made in bad faith. However, the terminating party must provide a written explanation if requested. Contracts may also end immediately for good cause, by mutual agreement, or upon expiry of a fixed term. Severance may be required where an employment relationship is terminated with a Worker of at least 50 years of age after twenty years or more of service. Severance pay must be no less than two months' salary. Additionally, both abusive (ordinary) terminations and 'unjustified' terminations without notice result in a penalty payment of up to six months' salary. Workers are entitled to the following notices based on their length of service. First 3 months of service — 2 days 4 months to the end of the 6th month of service — 7 days 7 or more months of service — one month, always on the same day of the subsequent month.
Workers must observe the same notice periods disclosed in the "Termination" section in resigning. The notice must be written.
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