Hi Kim, what's the trouble with your contract? Swiss employment contracts are very minimalistic (as opposed to common-law practice) and simply repeat the basics from "Code des Obligations". It is very rare that they stray from the law or add anything exotic.

The minimal work contract must ONLY specify names of parties, start date, what's the job and the compensation... the rest is left to Code des Obligations and specific Union-related agreements (if any)

by the way FYI a very large number of Geneva lawyers do speak languages, among wich English...

swisskiss, Aug 12, 2009 @ 08:05

 hi kim,
you should know that in switzerland (geneva) all cases involving employer/employee conflicts are handled in the "tribunal de prud'homme" which does not require representation by a lawyer. you can read the swiss law in english on the internet. a lawyer will cost you 200-300 sfr. for the answer to your question which can be found in the code des obligations.
just be sure you legally have a "contract" as defined by the law. ( a legally binding obligation by BOTH parties to perform.)

epicure, Aug 12, 2009 @ 09:47

 Thank you for your feedback. My issue is that the company lead me to believe that I would be treated as an Expat. This is documented indirectly on a number of notices I received before signing the actual contract. Once signing the contract and agreeing to the Convention collective de travail, they are now treating me as an "in Switzerland" hire as defined in the CCT. Are they allowed to do that and do I have an argument saying that I was mislead by their information?


kimberlywyso, Aug 14, 2009 @ 11:04

 Thank you for your feedback. My issue is that the company lead me to believe that I would be treated as an Expat. This is documented indirectly on a number of notices I received before signing the actual contract. Once signing the contract and agreeing to the Convention collective de travail, they are now treating me as an "in Switzerland" hire as defined in the CCT. Are they allowed to do that and do I have an argument saying that I was mislead by their information?


kimberlywyso, Aug 14, 2009 @ 11:04

I have a questions regarding swiss employment law, if anyone can help, I would really appreciate.

My Swiss company based and I had mutually agreed to terminate my employment contract this year. In the agreement, the company agreed to pay 2010 salary and bonus in 2009. However, my company recently breached the contract by deciding not to pay the bonus (we have agreed on the amount and due date to be paid in the contract). What kind of legal protection can I seek to retrieve the agreed and pending amount?

Jane Lin-Baden, Oct 3, 2010 @ 16:30