What belongs in a legally compliant employment contract according to the Swiss Code of Obligations? Must-haves for SMEs

A legally compliant employment contract according to the Code of Obligations (OR) is fundamental for trust and clarity in the employment relationship.

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Content requirements according to OR

The written employment contract should contain at least:

1. Place of work and duties

2. Start and – if applicable – end of the employment relationship

3. Working hours and vacation

4. Salary incl. additional benefits

5. Notice periods

6. If applicable, confidentiality clauses

Additional points for greater legal certainty

· Regulation of overtime and expenses

· Non-compete/confidentiality clauses according to Art. 340b f. OR

· Data protection information according to GDPR/DPIA

· Legally review paternity and maternity protection

Sample checkpoints

· Include delay mechanisms for probationary period and termination

· Formal requirements: Written form is recommended, verbal is possible (OR Art. 320)

· Always communicate contract amendments in writing

FAQ

Do I have to put a contract in writing?
A verbal contract is valid, but written form protects both parties in case of dispute.

Are overtime obligations permissible?
Only if regulated in the contract or customary in the industry – use additional pay/flextime arrangements.

Have legal questions (OR, employment, taxes) for your company reviewed now – directly through our digital legal assistant Jurilo.

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Verified answers with citations

Core workflows for everyday questions

Fast onboarding

No pressure. One short call to see if Jurilo fits your workflows. Join Swiss teams who've made legal work simpler.

Ready to make legal work Faster & Safer?

Verified answers with citations

Core workflows for everyday questions

Fast onboarding

No pressure. One short call to see if Jurilo fits your workflows. Join Swiss teams who've made legal work simpler.