Content of an employment contract: What does it include?
An employment contract describes the rights and obligations of the employer and employee. It is not subject to any formal requirements, but a written contract is the rule.
What are the different types of employment contracts?
There are basically three different types of employment contracts.
Common and frequently used is the individual employment contract, which is agreed between the employee and the employer.
A collective employment contract applies to a large group of employees and the contract negotiations are conducted between a company and trade unions.
A special case is the standard employment contract. This is an official decree containing provisions of labor law. In it, an authority can, for example, set minimum wages.
In principle, there is no formal requirement for employment contracts under the Swiss Code of Obligations. Written form is only mandatory for certain regulations. These are, for example, apprenticeship contracts, the amendment of overtime pay, the extension of the probationary period, the amendment of notice periods or a non-competition clause.
Content of an employment contract
Although freedom of form applies, it is always advisable to conclude a written contract. This increases legal certainty and clearly regulates rights and obligations.
The content of the contract should cover the following points:
- Parties to the contract (precisely designate employee and employer)
- Function
- Date of commencement of employment
- Probationary period (1 month is assumed if nothing has been agreed)
- Working hours (weekly working hours, regulation in case of overtime)
- Place of work (where the work must be performed)
- Remuneration
- Duties of care and loyalty
- Vacation (at least 4 weeks for persons over 20 years of age)
- Termination of employment
- Changes to the contract
- Applicable law and place of jurisdiction
At the end, the employment contract must be signed by both parties so that it is valid.
