Lawyer Labor Law

The costs for consulting a labor law attorney in Switzerland are variable and determined by various factors. These factors include the experience of the labor law attorney, the complexity of the case, and the individual pricing of the law firm. When considering consulting a labor law attorney, you should take the following aspects into account:

1. Hourly rate: The fees of a labor law attorney are often based on an hourly rate, which can vary depending on the qualification and specialization of the attorney, as well as the location of their law firm. In Switzerland, hourly rates for labor law attorneys typically range from CHF 200 to CHF 500 or higher.
2. Flat-rate offers: Some labor law attorneys offer flat-rate prices for initial consultations. These fixed prices are particularly advantageous for clients with straightforward legal questions and ensure transparency regarding consultation costs.
3. Legal expenses insurance: Check whether your legal expenses insurance covers the costs of a consultation with a labor law attorney. Many policies include legal consultations, although the extent of coverage may vary depending on the insurance contract.
4. Free preliminary consultation: Take advantage of the opportunity for a free preliminary consultation offered by many labor law attorneys. These brief discussions are intended to present the case and gain an initial impression of the likelihood of success and the associated costs. This way, you can find the right labor law attorney for you without immediately committing financially.

It is advisable to inquire about the costs and conditions for consultation directly with your labor law attorney. A transparent discussion about the expected costs helps to avoid misunderstandings and ensure the appropriate legal support.

In Switzerland, there are various entities that can assist you with problems with your employer:

1. Internal point of contact in the company: If available, the Works Council could serve as an internal point of contact in the company. This body can assist with problems with the employer and act as a mediator.
2. Trade unions: In Switzerland, there are various trade unions that represent employees and can provide legal support. They can assist you in negotiations with your employer and potentially represent you legally.
3. Labor court: As a last resort, you can take legal action against your employer and file a lawsuit in a labor court. However, it is advisable to seek legal advice from an attorney before doing so.

Labor law in Switzerland is primarily regulated in the Swiss Code of Obligations (CO). Specifically, provisions regarding the employment relationship can be found in Articles 319 to 362 CO. These regulations include various aspects such as types of employment contracts, duties of employers and employees, termination provisions, working time regulations, and wage payments.

Additionally, there is the Labour Act (ArG) and several ordinances related to the Labour Act (ArGV), as well as other regulations such as the Maternity Leave Ordinance.

The costs for an attorney and the proceedings before the labor court in Switzerland are regulated by various legal provisions, which encompass the procedural costs, their distribution and liquidation, as well as special cost regulations and the provision of legal aid.

1. Legal basis: The procedural costs and their handling are regulated in Articles 95 et seq., 104 et seq., and 113 et seq. of the Swiss Civil Procedure Code (CPC). Individuals who cannot afford the costs of a trial may, under certain conditions, be entitled to legal aid in accordance with Articles 117 et seq. CPC.
2. Free procedure for lower dispute values: Labor law claims with a value of up to CHF 30,000 are handled in a simplified procedure in accordance with Art. 243 et seq. CPC. These procedures are exempt from court costs, meaning that no costs are incurred for the judicial activity. The same applies to claims under the Equality Act or the Participation Act, regardless of the dispute value.
3. Determination of dispute value: The dispute value includes not only monetary claims, but also claims for services in kind such as employment references or claims for the release of items. For the evaluation of references, a monthly salary is often assumed as the dispute value, half a month's salary for the amendment of a reference, and CHF 500 for a work confirmation.
4. Party compensation despite exemption from costs: Even if the court does not charge costs for its activities, the losing party must pay the opposing party a party compensation. This applies even in cost-free proceedings.
5. Advance payment of costs for higher dispute values: If the dispute value exceeds CHF 30,000, the court may require the plaintiff to pay an advance on the potentially incurred court costs. Additionally, under certain conditions (Art. 99 CPC), a security deposit for the party compensation of the opposing party may be requested, even in simplified procedures for property disputes.
6. Legal aid: Those who cannot afford the financial means for conducting the trial or for paying an attorney have the option of applying for legal aid. This includes free legal representation and the appointment of a free legal representative.

The exact conditions and requirements for claiming legal aid, as well as further details on procedural costs, can be found in the information sheet on legal aid. It is advisable to discuss this aspect early on with your attorney to understand the financial obligations and options accurately.

The timing for consulting a labor law attorney in the event of termination is crucial to ensure that your rights are protected and all options are carefully considered. Here are specific situations where consulting a labor law attorney is particularly advisable:

1. Immediately after receiving the termination: It is important to seek legal advice immediately to assess the legality of the termination and understand what steps should be taken next.
2. When there is uncertainty about the grounds for termination: If the reasons for termination have not been clearly communicated or if you have doubts about their validity, a labor law attorney can help clarify the situation and assess it.
3. When there is suspicion of an unlawful or abusive termination: If you believe that the termination was due to discrimination, retaliation, or other unlawful reasons, it is essential to consult an attorney.
4. For immediate termination: Since "important reasons" are required for immediate termination, the legal assessment of such cases is particularly complex. An attorney can determine whether the conditions for immediate termination are met.
5. When you are unclear about your rights: An attorney can inform you about your rights and obligations, including any entitlements to severance pay, and how to proceed against the termination.
6. To review or negotiate a severance agreement: Before signing an agreement, it should be reviewed by an attorney to ensure that your interests are represented to the fullest extent.
7. When you need assistance in communicating with the employer: An attorney can negotiate on your behalf and ensure that your communication with the employer is professional and effective.
8. For termination during sickness, pregnancy, or another protected condition: Such terminations may be legally invalid. An attorney can advise you on your specific rights.

The right time to consult a labor law attorney is as soon as possible after you become aware of the termination. This gives you the best chance to understand your rights and defend them effectively.

A termination is considered abusive in Switzerland if it is issued for reasons that the law expressly deems impermissible. The Swiss Code of Obligations (CO) sets out in Articles 336 and 336a CO the circumstances under which a termination is considered abusive. The key reasons include:

• Termination based on the personality of the employee: If the termination is primarily based on characteristics or actions that fall within the scope of personal freedom and have no relation to the work or the employment relationship, this is deemed abusive. This includes, for example, terminations based on religious affiliation, political views, nationality, sexual orientation, or due to illness or pregnancy.
• Exercise of a constitutional right: A termination that occurs because of the employee's exercise of a constitutional right, provided that such exercise is not abusive, is considered abusive. An example of this is participation in a strike.
• For the purpose of evading the employee's entitlements: If the termination is issued to deprive the employee of statutory or contractual entitlements (e.g., entitlement to continued pay in case of illness or paid leave), this is considered abusive.
• Timing of the termination: Terminations issued during certain protected periods, such as during an employee's pregnancy, military or civil service obligations, or during an illness (for a specified duration, depending on the length of service), may be deemed abusive.
• Discrimination: Terminations that violate the Equality Act by, for example, being based on gender discrimination, are also considered abusive.

When a termination is deemed abusive, the employee is entitled to compensation, which can amount to up to six months' salary. It is important to note that the employee who wishes to invoke the abusive nature of the termination must do so within a deadline of 180 days after the termination and must file a claim for compensation within an additional 90 days.

In such cases, it is advisable to seek legal advice to correctly assess the situation and effectively assert one's rights.

In Switzerland, the regulation regarding the payment of overtime is set out in the Swiss Code of Obligations (CO). According to Art. 321c CO, overtime, which refers to working hours that exceed the contractually agreed normal working hours, must generally be compensated. The exact conditions for the payment and compensation of overtime are defined as follows:

• Principle of consent: Overtime work must generally be ordered by the employer or at least retrospectively approved. It also requires that such work is necessary and can be performed by the employee.
• Payment or time off: Overtime must generally be compensated to the employee either through a surcharge of at least 25% on the normal salary or, if the employee agrees, through corresponding time off of equal duration. The exact form of compensation (payment or time off) may be regulated by the employment contract, standard employment contract, or collective labor agreement (CLA).
• Exceptions: In certain cases, deviations from the rule of overtime compensation may be made. For example, a collective labor agreement (CLA) may stipulate that overtime up to a certain quota is not additionally compensated but only offset by time off. Additionally, there are often special regulations for senior executives or employees with particularly independent positions, which provide for a lump-sum compensation for overtime in the basic salary.
• Documentation requirement: Employers are required to record overtime work and provide the employee with a corresponding statement.

It is important to distinguish between overtime (work performed within the statutory maximum working hours with the consent of the employee) and excess hours (work that exceeds the statutory maximum working hours). Stricter compensation rules apply to excess hours.

Employees and employers should familiarize themselves with the applicable regulations in their specific employment contract, any applicable collective labor agreements (CLA), or industry-specific provisions to ensure that the handling of overtime complies with legal requirements.

Have your employment contract briefly reviewed by an attorney specializing in labor law. A specialist attorney in labor law can quickly recognize provisions in the contract that are unfavorable to you or even invalid. At GetYourLawyer, you can simply attach the contract to your request and receive offers for contract review within a short time.

If you believe that your employer is disregarding your rights, you should first discuss the matter with them. If discussions do not lead to a satisfactory result, it is worth involving an attorney. Often, an attorney can negotiate a favorable settlement for you without resorting to litigation. With an attorney by your side, you demonstrate to your employer that you are serious and professionally represented. If an out-of-court settlement is not possible, your attorney can directly enforce your rights at the labor court. Generally, no court costs are incurred for claims up to a value of CHF 30,000.