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Employment contract
An employment contract exists once two people reach an agreement according to which one person will carry out work in return for a salary from the other. This entails certain rights and duties such as the obligation to do the work and to pay the salary and social security contributions, and entitlement to holidays.Employment contracts must at least indicate the names of both parties (employer and employee), the date of the start of the contract, the work to be done and the salary to be paid in remuneration. Whatever is not stipulated in the contract between the parties is often regulated by other laws and regulations, and in particular the Swiss Code of Obligations and collective labour agreements.
Employees are entitled to four weeks of holidays per year (five if you are under 20). Employment contracts or collective labour agreements may make provision for more but not less. The reason for holidays is to allow rest and they should not, therefore, be replaced by monetary compensation. However, if the contract is for a very short duration or if the work is irregular, it is possible for holidays to be paid in lieu at the end of each month. However, the payment in lieu must then be indicated clearly on the payslip and clearly separated from normal pay.
Swiss law does not stipulate a minimum wage. The salary is agreed between employer and employee when the employee is hired. If an employee is unable to work for reasons beyond the employee's control such as illness, accident, military service, etc., the law stipulates that the salary must continue to be paid for a limited time. This period depends on the length of the employment contract but the contract must be for a period of at least three months for this obligation to apply. As an employee, you have a duty to justify your absence, usually by submitting a medical certificate to the employer. The website of the State Secretariat for Economic Affairs (SECO) provides detailed information on this point.
In addition to individual employment contracts and the Swiss Code of Obligations, the rights and duties of many employees are governed by a collective labour agreement (CLA). Collective labour agreements apply to a sector or a company and are negotiated between the trade unions and an employer or an employers' association. The CLA contains provisions regarding the signing, terms and termination of an individual employment contract, provisions on the rights and duties of the contracting parties between themselves and provisions on the monitoring and implementation of the CLA. In certain professions where there is normally no union representation, the authorities issue what they call standard employment contracts.
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