The probation period isn’t automatic
Without an explicit clause, the default statutory probation period is one month, with a 7-day notice period. Many SMEs assume they get a 3-month period “like everyone else”, when that’s only true if the contract expressly provides for it, up to 3 months maximum.
Notice periods: what’s negotiable, what isn’t
The Code of Obligations sets minimum periods based on seniority (generally 1 month in the first year, 2 months from year 2 to 9, 3 months after that). A contract can provide for longer periods, but never shorter than this legal minimum. A clause attempting to do so would simply be void.
Non-compete clauses: strict conditions
To be valid, a non-compete clause must be limited in time, place and scope of business, and the employee must have had access to clientele or business secrets capable of causing significant harm to the employer. An overly broad clause, or one applied to a position with no real access to such information, risks being reduced or struck down by a court.
Overtime and vacation: frequent friction points
A contract that doesn’t specify the overtime regime (time off or payment, any premium) or stays vague on carrying over unused vacation days generates most disputes at the end of an employment relationship. Clear clauses prevent most of these disagreements.
An important note
This guide presents general rules, not individualized legal advice. Every situation (industry, canton, applicable collective agreement) has its own particulars.
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