In principle, an employment agreement can be concluded verbally. There are certain exceptions, however, where the law stipulates that an employment agreement must be in writing. Generally speaking, however, it is strongly recommended to use a written employment agreement whenever possible, for reasons of proof and transparency.

The main elements that should appear in an employment agreement include the duration of the agreement, working hours (full-time or part-time) and schedules, remuneration (salary, bonus, commission, overtime, etc.), vacations and leave, applicable conditions in the event of incapacity to work, and conditions for terminating the agreement. Where a union employment agreement is applicable, reference must also be made to it.

In principle, an employee should not be required to work more hours than stipulated in his or her contract. However, in certain circumstances, it is possible to require an employee to work overtime. This is the case when overtime is necessary, for example due to a temporary work overload for the company (high volume of work, urgent order). However, overtime must be reasonable for the employee, and must not cause physical or psychological overwork. The amount of overtime must also comply with the provisions of the Federal Labor Act.

Only overtime that has been ordered by the employer must be paid. An employee cannot therefore decide to work overtime on his own, and then demand payment from his employer. In principle, overtime is paid at a premium of at least 25%, unless otherwise agreed in writing. It is also possible to compensate overtime with additional time off, corresponding to the number of hours worked, provided the employer and employee agree on this procedure.

A fixed-term employment agreement may be terminated without notice. An employment agreement of indeterminate duration may be terminated by either party in accordance with the applicable notice periods. The law provides for mandatory minimum notice periods. In practice, the notice period is generally seven days during the probationary period, one month during the 1st year of service, two months from the 2nd to the 9th year and three months from the 10th year. In order to comply with these deadlines, it is advisable to send your notice of termination in good time, taking into account the post office's custody period, and by registered mail for reasons of proof. It may also be possible to terminate an employment contract immediately for just cause, but the conditions are strict and the consequences of unjustified termination can be severe.

Yes, it is possible to terminate an employment agreement without observing the applicable notice periods, provided there are good reasons for doing so. The employer may terminate an employee's contract immediately if such reasons make it impossible to continue the employment relationship. This is the case, for example, when the employee repeatedly fails to comply with instructions or safety regulations, or engages in an activity that competes with the employer's without right. The conditions for immediate termination are very strict, however, and it is important to be absolutely certain that such termination is possible before implementing it. In the event of unjustified termination, an employee may claim payment of his or her salary until the effective end of the agreement, as well as compensation of up to 6 months' salary.

In the event of an employment dispute, it is often advisable to try to resolve the problem amicably at first. If this is not possible, then the matter should be referred to the appropriate legal authority. In principle, employment law disputes are initiated by a conciliation request.

Several cantons, including Geneva, Vaud and Valais, have set up specialized labor law authorities. In Geneva, the "tribunal des prud'hommes" has jurisdiction over all employment law disputes. In the cantons of Vaud and Valais, the "tribunal des prud'hommes" and the "tribunal du travail", respectively, have jurisdiction over employment law disputes with a value in dispute not exceeding CHF 30'000.-.