Labour Law
You have the right to clear rules and reliable structures in your employment relationship.
Employment law governs the rights and obligations of employers and employees – and is therefore fundamental to every employment relationship. Employment law issues affect all businesses and private individuals. Every business must address the drafting and content of employment contracts, the implementation of HR strategies and the termination of employment relationships. Employees must continually stand up for their rights. The attorneys of schochauer ag support employers and employees in the legally compliant structuring of their rights and obligations to avoid disputes, in negotiations, as well as in employment law disputes. Our advice combines legal expertise with a pragmatic approach that takes the interests of both sides into account and aims at sustainable solutions.
Expertise in Labour Law
- Employment contract and internal regulations
- Termination and termination with immediate effect
- Working hours, holidays and continued payment of salary
- Prohibition of competition and duty of discretion
- Employment reference and testimonials
- Bullying, discrimination and equal treatment
- Social insurance law and non-wage labour costs
- Business transfers and personnel law
- Warning and written reprimand
- Termination / settlement agreement and dispute resolution
Team
You have the right to advice.
Nina Oehy
Nina Oehy
Nina Bischof
Nina BischofFAQ
Practical Issues in Labour Law
When is a termination legally permissible?
Ordinary termination is in principle possible at any time, provided it does not occur at an inopportune juncture and cannot be qualified as wrongful. An inopportune juncture exists in particular if the employee is ill or has had an accident through no fault of their own, or if they are on parental leave. A notice of termination is wrongful, for example, in cases of discrimination, in order to frustrate future claims, or due to the employee’s exercise of rights (so-called retaliatory dismissal).
What can I do in the event of a termination with immediate effect?
A termination with immediate effect is permissible only in cases of serious breaches of duty. If it is unjustified, the employee may claim damages and compensation of up to six months’ salary. We examine the lawfulness of the notice of termination for you and support you in enforcing your claims.
What obligations do employers have in the event of an employee’s illness?
Employers must continue to pay salary for a certain period – depending on the duration of the employment relationship and the applicable cantonal scale concerning the continuation of salary payment. In addition, protected periods apply during which no notice of termination may be issued. By taking out daily sickness allowance insurance, employers may insure their obligation of continued payment of salary.
What must be included in a legally sound employment contract?
A clear employment contract regulates the commencement of the employment relationship, salary, working hours, place of work, holidays, notice periods, secondary employments and confidentiality. In addition, internal rules concerning expenses, overtime remuneration, bonuses or home office arrangements should be set out in writing.
How should workplace conflicts be addressed?
In employment law conflicts, an early discussion or mediation is often worthwhile. If no agreement can be reached, we support you in enforcing your rights before the competent authorities and courts.
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