What is included in a legally secure employment contract under OR? Must haves for SMEs

A legally secure Employment contract in accordance with Code of Obligations (OR)is essential for trust and clarity in the working relationship.

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Content requirement according to OR

The written employment contract should contain at least:

1. Place of work and tasks

2. Start and — if provided — end of the employment relationship

3. Working hours and vacations

4. Wage incl. additional services

5. Cancellation periods

6. Confidentiality clauses, if applicable

Additional points for greater legal certainty

· Regulation of Overtime and expenses

· Competition/confidentiality clauses in accordance with Art. 340b f. OR

· Data protection information in accordance with GDPR/DSFA

· Paternity and maternity protection legally check

Sample checkpoints

· Delay mechanisms for Probationary period and termination incorporating

· Formal requirements:Writing is recommended, orally is possible (OR Art. 320)

· Contract changes Always communicate in writing

FAQ

Do I have to record a contract in writing?
An oral contract is valid, but writing protects both parties in the event of a dispute.

Are overtime obligations allowed?
Only if it is regulated in the contract or is customary in the industry — use additional pay/flexitime regulation.

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