Is a job description legally required in Switzerland?

No, Swiss law (OR) does not mandate a written job description. However, the employment contract must state the job title, Pensum, location, and salary. A detailed Stellenbeschreibung is best practice and protects both parties by clarifying scope and expectations. If a dispute arises, a clear, signed description strengthens your case.

Should the job description be part of the contract or separate?

It can be either. Some employers attach it as an appendix and reference it in the contract; others provide it separately at onboarding. The key is that both documents agree on core terms (title, Pensum, location, salary). If you change the job description later, do so in writing and keep the signed update in the file.

What should I do if the real job differs from the description?

Update the description promptly in writing and discuss it with the employee. Major changes (e.g. permanent Pensum increase, new location, different reporting line) may require a formal contract amendment. If you make frequent undocumented changes, the employee can argue that the original contract no longer applies and may claim additional compensation or right of termination. Consult a lawyer if the change is substantial.

Job Description (Stellenbeschreibung)

A Stellenbeschreibung is a formal written document defining the job title, main responsibilities, required qualifications, Pensum percentage, reporting line, and location. It serves as the foundation for recruitment, sets expectations during onboarding, and protects both employer and employee if disputes arise over role scope or compensation. Swiss employers should create one before posting a vacancy and provide it to the new hire before or at contract signature.

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A job description (Stellenbeschreibung) outlines the core tasks, accountability, Pensum, and required skills for a specific role. It is not legally mandated by Swiss law, but it is a standard practice that clarifies expectations and reduces misunderstandings.

Creating a clear description before you advertise saves time in recruitment and prevents disputes later. Employees who know what is expected perform better and stay longer.

When you need a job description

Write a Stellenbeschreibung whenever you have a vacancy to fill, whether you post it publicly or recruit internally. Use it as the job advert and as the document you give to the successful candidate before they sign their employment contract.

You also need one if you are restructuring roles, promoting someone, or clarifying responsibilities after a dispute. A dated, signed Stellenbeschreibung protects you if an employee later claims they were asked to do work outside their contract.

Create it before you advertise the role
Attach it to the employment contract or reference it in the contract
Update it if core duties change significantly
Keep signed copies in your personnel file
Use clear, role-specific language, not boilerplate
Include Pensum as a percentage and work location (e.g. 80% Zurich, 20% home office)

Your obligations as an employer

Swiss employment law (Obligationenrecht, OR) does not require a written job description, but your employment contract must state essential terms: job title, Pensum, location, and salary. A Stellenbeschreibung reinforces these and adds operational detail.

Under the revDSG (revised Data Protection Act), if you collect information about qualifications or conduct background checks during recruitment, you must be transparent about how you use that data. Your job description should reflect the genuine requirements, not artificially narrow or broad criteria designed to exclude or favour certain candidates.

Align it with the employment contract; they must not contradict
Be honest about actual duties and Pensum—do not misrepresent the role
Ensure it reflects the real reporting line and location
Provide it to the candidate before contract signature
Document any significant changes to the role in writing
Consult a lawyer if duties change so much that the original contract no longer fits

The most common mistake

The biggest error is writing a vague or inflated job description that does not match the real day-to-day work. Employers often copy generic templates, listing ten responsibilities when only three are core, or stating a Pensum that is not actually worked.

When reality diverges from the written description, employees become confused, feel misled, and are more likely to resign or file complaints. If you later need to dismiss someone for poor performance in a duty not clearly described to them, you have a weak legal position.

Avoid generic boilerplate—describe *your* role, not an industry standard
Match the Pensum and schedule to actual hours worked
Do not list 'other duties as assigned' as the main accountability
Update it promptly if the role changes (e.g. new software, new team structure)
If you use a template, customize it for each position
Have the employee and manager sign and date it

Frequently asked questions

Is a job description legally required in Switzerland?: No, Swiss law (OR) does not mandate a written job description. However, the employment contract must state the job title, Pensum, location, and salary. A detailed Stellenbeschreibung is best practice and protects both parties by clarifying scope and expectations. If a dispute arises, a clear, signed description strengthens your case.
Should the job description be part of the contract or separate?: It can be either. Some employers attach it as an appendix and reference it in the contract; others provide it separately at onboarding. The key is that both documents agree on core terms (title, Pensum, location, salary). If you change the job description later, do so in writing and keep the signed update in the file.
What should I do if the real job differs from the description?: Update the description promptly in writing and discuss it with the employee. Major changes (e.g. permanent Pensum increase, new location, different reporting line) may require a formal contract amendment. If you make frequent undocumented changes, the employee can argue that the original contract no longer applies and may claim additional compensation or right of termination. Consult a lawyer if the change is substantial.

General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.