The 3 most common mistakes in Swiss employment contracts — and how to avoid them
An incorrectly worded employment contract can be expensive for Swiss companies — particularly for SMEs, HR managers or trusteeswho deal with contracts on a daily basis. In practice, you encounter the same mistakes over and over again, which are easy to avoid — When you know what to look out for.
Here are the three most common stumbling blocks in Swiss employment contracts — including tips on how to avoid them:
1. Erroneous notice periods
What many do wrong:
In many employment contracts, Wrongly stated notice periods, particularly during the trial period. It is often said:
“During the trial period, you can cancel by both parties with a notice period of 7 days. The trial period is 6 months. ”
❌ The problem:
Loud Article 335b OR May the trial period maximum 3 months last. A longer trial period is voided, which can lead to misunderstandings and disputes.
✅ How to do it correctly:
The contract should be clear:
“The trial period is 3 months. During this period, the employment relationship can be terminated with a notice period of 7 days. ”
2. Unclear or inadmissible overtime regulations
Typical mistake:
Many contracts include blanket wording such as:
“Overtime is covered by pay. ”
❌ The problem:
Loud Art. 321c OR Must work overtime compensates or pays become — insofar as they are ordered or necessary and are reasonable for the employee. A lump sum payment is not always allowed, particularly when pay levels are lower.
✅ Better is:
“Overtime is only worked with the prior approval of the supervisor and can be paid through free time of the same duration or through pay. ”
And: One regular recording of working time It's a duty.
3. Lack of reference to collective employment agreements (CEA)
Often overlooked:
In certain industries, the following applies Collective employment agreements (e.g. construction, catering, cleaning), but there is no reference to this in the individual employment contract.
❌ Risk:
If a CLA has priority, the individual contract is not valid. This can include wages, holidays or notice periods — and can be expensive during checks.
✅ What to do:
Add to the contract:
“The current version of the collective employment agreement for the cleaning industry applies. ”
And in addition, all relevant Include regulations and annexes (e.g. expenses, data protection).
Conclusion: Avoid mistakes with Jurilo.ch
A false contract can result in high costs, warnings or lawsuits — and often enough a few incorrect wording off.
Jurilo helps you to check employment contracts correctly, to answer questions immediately and reduce legal risks — from CHF 20 per month. The answers are certified by a lawyer, immediately available and optimized for SMEs, HR, trustees and lawyers.
Try it now for free on www.jurilo.ch
Ask the question: “Is my notice period correct? “— and get an immediate answer.
