Employment Law REVISION
Employment Law REVISION
Employment Law REVISION
Swiss Employment Law

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In addition to any contractual rights contained in the contract or under bargaining, most jurisdictions provide statutory legal protection for with the consequent responsibility on in all areas of the employment relationship.

Employers set out the terms and conditions of the employment, including all aspects of the package, in a written contract. This ‘package’ would normally contain the SALARY or pay per month (or week), any that can be earned, any contributions to be paid by the employer and the amount of the employee’s (US: vacation) entitlement.

In the UK, an employment contract must cover the length of the period that is required to be given by either party when terminating the contract. In the absence of a contractual provision there is usually a statutory requirement for a minimum notice period to be given by the employer, and that employees can be paid ‘in lieu’. The employer may choose to release the employee from attending the work place until the expiry of the notice period. This is known as garden (UK).

The employment contract may be terminated by either party at any time in accordance with the statutory or contractual notice period. A termination that does not comply with the contractual terms is termed dismissal. Employees further have a right in law not to be dismissed.

dismissal (UK terminology) is where the employer has shown that he does not intend to respect an essential element of the contract thus entitling the employee to resign and claim compensation.

The requirement that a warning be given to the employee may not apply in cases of gross by the employee (such as theft or operating machinery under the influence of alcohol) leading to dismissal (i.e. termination with immediate effect).
(UK law) involves treating an employee less favourably than others - usually because he or she belongs to a particular category (sexual, racial, or age-related discrimination, or a result of an employee’s ).

The employer may not give notice of termination during periods, for example, while the employee is sick or during pregnancy. If the employee is during such a period the dismissal is .

relates to the situation where the employee is occupying a job that no longer needs to be done. This often involves making a number of employees redundant when the business is in decline and leading to a mass off. However, employers normally consult with the employees before they take a final decision.

The employment law entitlement to leave gives a woman the right to return to work after a certain time off during pregnancy and after child birth.

There is no statutory right to leave that entitles the father of a child to a shorter period of time work after the birth of the child. Some collective bargaining and individual agreements, however, provide for a right to take leave also by fathers.

Swiss employment law does not provide a of reinstatement for an employee who has been dismissed unfairly, and the employer cannot be forced to comply with such a request. In such circumstances the employee’s only relief will be monetary - in other words for any losses as a consequence of the dismissal. In aggravated cases of discrimination or dismissal, it is not unusual for the employee to claim exemplary or damages.