Employment Contract (Arbeitsvertrag)
An Arbeitsvertrag is a written agreement between you and an employee defining the role, Pensum (percentage), salary in CHF, notice period, and work location. Swiss employment law (ArG) requires certain terms to be documented; gaps often lead to disputes at termination. The single most common mistake is leaving Pensum or notice period undefined.
An Arbeitsvertrag is the written agreement between employer and employee that sets out the core terms of work: job title, Pensum (as a percentage, e.g., 80%), gross salary in CHF, notice period, and location. In Switzerland, you are not legally required to have a written contract, but it is strongly recommended—oral agreements are enforceable but create ambiguity.
When you hire someone, the Arbeitsvertrag comes into play immediately. It protects both sides by clarifying expectations before disputes arise, especially at termination. Swiss employment law (ArG—Arbeitsgesetz) and cantonal rules set minimum standards; your contract must not fall below them.
When it matters and what you must include
The Arbeitsvertrag is essential the moment you offer a role. Even a brief written agreement—a job offer letter plus signed acceptance—is better than nothing. Key terms must be stated clearly: role, Pensum, salary, start date, notice period, and probation length (if any, max. 3 months under ArG).
Your cantonal employment office or a labor lawyer can advise on mandatory GAV (collective agreement) clauses in your sector. If your sector has a GAV, your contract cannot undercut it. Always include a probation clause if you want one; omitting it means no probation period applies.
- Job title and main duties
- Pensum as a percentage (e.g., 100%, 80%)
- Gross monthly or annual salary in CHF
- Notice period for both sides (e.g., 1 month end of month)
- Start date and probation term (max. 3 months)
- Work location and any travel expectations
Your obligation as employer
You must provide a copy of the contract to the employee before or on the first day of work. Under ArG, the employee is entitled to proof of the main conditions; a contract satisfies this. If you later change terms (salary, Pensum, location), you need written agreement from the employee.
Keep the signed contract on file for the duration of employment plus 5 years after termination. If a dispute reaches the labor court, you will need to produce it. Revising a contract mid-employment without written consent is a common pitfall that can cost you in court.
- Provide a signed copy to the employee by day one
- Keep records for 5 years after employment ends
- Document any changes to terms in writing
- Ensure terms comply with cantonal law and any applicable GAV
- Do not make promises (e.g., bonus, relocation) outside the contract
- Update the contract if role or Pensum changes
The most common mistake
The single most common error is leaving Pensum or notice period blank or vague. Employers often assume Pensum is 100% without stating it, or copy a generic notice period without checking their canton's rules. When termination comes, the employee may dispute the Pensum or argue the notice period is invalid.
A related pitfall: offering a contract with no probation clause, then assuming you can fire someone immediately during the first month. Under ArG, without a probation clause, the statutory notice period applies from day one. Clarity now saves expense later.
- Always state Pensum as a percentage (80%, 100%, etc.)
- Specify notice periods clearly (e.g., 'one month end of calendar month')
- Include a probation clause explicitly if you want one
- Avoid leaving salary or role duties vague
- Do not assume the employee will 'just know' the terms
- Have a lawyer or HR adviser review for your canton
Frequently asked questions
- Do I need a written Arbeitsvertrag if the employee is only part-time?
- Yes, just as much as for full-time. State the Pensum clearly (e.g., 50%) and all other terms. Part-time contracts are common in Switzerland and must follow the same rules.
- Can I change the salary or Pensum after the employee starts?
- Only with written agreement from the employee. A unilateral change violates the contract and may be grounds for termination by the employee. Always get signatures on amendments.
- What happens if I don't have a written contract?
- The employment is still valid, but you have no documented proof of terms. If you later dispute the salary, Pensum, or notice period, the burden falls on you to prove what was agreed. A court may rule against you. Always use a written contract.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.