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Switzerland - Types of employment contracts


+ show references

Maximum probationary (trial) period: 3 month(s)

Remarks:
  • Art. 335b(2) CO.
    "1 Pendant le temps d'essai, chacune des parties peut résilier le contrat de travail à tout moment moyennant un délai de congé de sept jours; est considéré comme temps d'essai le premier mois de travail.
    2 Des dispositions différentes peuvent être prévues par accord écrit, contrat-type de travail ou convention collective; toutefois, le temps d'essai ne peut dépasser trois mois. (...)"
    ________
    In English:
    Art. 335b(2) CO: "1 During the probation period, either party may terminate the contract at any time by giving seven days' notice; the probation period is considered to be the first month of an employment relationship.
    2 Different terms may be envisaged by an individual written agreement, a standard employment contract or a collective employment contract; however, the probation period may not exceed three months. (...)"

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Art. 334 CO.
  • Valid reasons for FTC use: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contracts" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contract" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum cumulative duration of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "contrats en chaîne" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
+ show references

Maximum probationary (trial) period: 3 month(s)

Remarks:
  • Art. 335b(2) CO.
    "1 Pendant le temps d'essai, chacune des parties peut résilier le contrat de travail à tout moment moyennant un délai de congé de sept jours; est considéré comme temps d'essai le premier mois de travail.
    2 Des dispositions différentes peuvent être prévues par accord écrit, contrat-type de travail ou convention collective; toutefois, le temps d'essai ne peut dépasser trois mois. (...)"
    ________
    In English:
    Art. 335b(2) CO: "1 During the probation period, either party may terminate the contract at any time by giving seven days' notice; the probation period is considered to be the first month of an employment relationship.
    2 Different terms may be envisaged by an individual written agreement, a standard employment contract or a collective employment contract; however, the probation period may not exceed three months. (...)"

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Art. 334 CO.
  • Valid reasons for FTC use: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contracts" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contract" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum cumulative duration of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "contrats en chaîne" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
+ show references

Maximum probationary (trial) period: 3 month(s)

Remarks:
  • Art. 335b(2) CO.
    "1 Pendant le temps d'essai, chacune des parties peut résilier le contrat de travail à tout moment moyennant un délai de congé de sept jours; est considéré comme temps d'essai le premier mois de travail.
    2 Des dispositions différentes peuvent être prévues par accord écrit, contrat-type de travail ou convention collective; toutefois, le temps d'essai ne peut dépasser trois mois. (...)"
    ________
    In English:
    Art. 335b(2) CO: "1 During the probation period, either party may terminate the contract at any time by giving seven days' notice; the probation period is considered to be the first month of an employment relationship.
    2 Different terms may be envisaged by an individual written agreement, a standard employment contract or a collective employment contract; however, the probation period may not exceed three months. (...)"

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Art. 334 CO.
  • Valid reasons for FTC use: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contracts" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contract" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum cumulative duration of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "contrats en chaîne" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
+ show references

Maximum probationary (trial) period: 3 month(s)

Remarks:
  • Art. 335b(2) CO.
    "1 Pendant le temps d'essai, chacune des parties peut résilier le contrat de travail à tout moment moyennant un délai de congé de sept jours; est considéré comme temps d'essai le premier mois de travail.
    2 Des dispositions différentes peuvent être prévues par accord écrit, contrat-type de travail ou convention collective; toutefois, le temps d'essai ne peut dépasser trois mois. (...)"
    ________
    In English:
    Art. 335b(2) CO: "1 During the probation period, either party may terminate the contract at any time by giving seven days' notice; the probation period is considered to be the first month of an employment relationship.
    2 Different terms may be envisaged by an individual written agreement, a standard employment contract or a collective employment contract; however, the probation period may not exceed three months. (...)"

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Art. 334 CO.
  • Valid reasons for FTC use: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contracts" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contract" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum cumulative duration of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "contrats en chaîne" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • % of workforce under FTC: %
    Remarks:
    • Source: Eurostat, as of third trimester 2013.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 3 month(s)

Remarks:
  • Art. 335b(2) CO.
    "1 Pendant le temps d'essai, chacune des parties peut résilier le contrat de travail à tout moment moyennant un délai de congé de sept jours; est considéré comme temps d'essai le premier mois de travail.
    2 Des dispositions différentes peuvent être prévues par accord écrit, contrat-type de travail ou convention collective; toutefois, le temps d'essai ne peut dépasser trois mois. (...)"
    ________
    In English:
    Art. 335b(2) CO: "1 During the probation period, either party may terminate the contract at any time by giving seven days' notice; the probation period is considered to be the first month of an employment relationship.
    2 Different terms may be envisaged by an individual written agreement, a standard employment contract or a collective employment contract; however, the probation period may not exceed three months. (...)"

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Art. 334 CO.
  • Valid reasons for FTC use: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contracts" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contract" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum cumulative duration of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "contrats en chaîne" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • % of workforce under FTC: %
    Remarks:
    • Source: Eurostat, as of third trimester 2013.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 3 month(s)

Remarks:
  • Art. 335b(2) CO.
    "1 Pendant le temps d'essai, chacune des parties peut résilier le contrat de travail à tout moment moyennant un délai de congé de sept jours; est considéré comme temps d'essai le premier mois de travail.
    2 Des dispositions différentes peuvent être prévues par accord écrit, contrat-type de travail ou convention collective; toutefois, le temps d'essai ne peut dépasser trois mois. (...)"
    ________
    In English:
    Art. 335b(2) CO: "1 During the probation period, either party may terminate the contract at any time by giving seven days' notice; the probation period is considered to be the first month of an employment relationship.
    2 Different terms may be envisaged by an individual written agreement, a standard employment contract or a collective employment contract; however, the probation period may not exceed three months. (...)"

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Art. 334 CO.
  • Valid reasons for FTC use: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contracts" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contract" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum cumulative duration of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "contrats en chaîne" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • % of workforce under FTC: 12.8 %
    Remarks:
    • Source: Eurostat, as of third trimester 2013.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 3 month(s)

Remarks:
  • Art. 335b(2) CO.
    "1 Pendant le temps d'essai, chacune des parties peut résilier le contrat de travail à tout moment moyennant un délai de congé de sept jours; est considéré comme temps d'essai le premier mois de travail.
    2 Des dispositions différentes peuvent être prévues par accord écrit, contrat-type de travail ou convention collective; toutefois, le temps d'essai ne peut dépasser trois mois. (...)"
    ________
    In English:
    Art. 335b(2) CO: "1 During the probation period, either party may terminate the contract at any time by giving seven days' notice; the probation period is considered to be the first month of an employment relationship.
    2 Different terms may be envisaged by an individual written agreement, a standard employment contract or a collective employment contract; however, the probation period may not exceed three months. (...)"

Fixed term contract (FTC):
  • FTC regulated: Yes
    Remarks:
    • Art. 334 CO.
  • Valid reasons for FTC use: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contracts" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contract" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum cumulative duration of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "contrats en chaîne" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • % of workforce under FTC: 12.8 %
    Remarks:
    • Source: Eurostat, as of third trimester 2013.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 3 month(s)

Remarks:
  • Art. 335b(2) CO.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contracts" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contract" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum cumulative duration of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "contrats en chaîne" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • % of workforce under FTC: 12.9 %
    Remarks:
    • Source: Eurostat, annual average for 2012.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 3 month(s)

Remarks:
  • Art. 335b(2) CO.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contracts" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contract" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum cumulative duration of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "contrats en chaîne" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • % of workforce under FTC: 12.9 %
    Remarks:
    • Source: Eurostat, annual average for 2011.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 3 month(s)

Remarks:
  • Art. 335b(2) CO.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contracts" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contract" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum cumulative duration of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "contrats en chaîne" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • % of workforce under FTC: 13.1 %
    Remarks:
    • Source: Eurostat, annual average for 2010.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 3 month(s)

Remarks:
  • Art. 335b(2) CO.

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contracts" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "chain contract" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • Maximum cumulative duration of successive FTCs: no limitation
    Remarks:
    • However, existence of safeguards.
      1) According to Art. 334 CO, if a fixed-term contract is tacitly renewed, it is deemed concluded for an indefinite duration.
      2) Art. 2, al 2 Civil code on fraud has been interpreted as preventing the use of "contrats en chaîne" when not justified by any objective reason and aiming at circumventing the terms and conditions of dismissals prescribed by law or the application (case law of the Federal Tribunal).
  • % of workforce under FTC: 13.3 %
    Remarks:
    • Source: Eurostat, annual average for 2009.
      The figure refers to the percentage of employee with a contract of limited duration (= temporary job) of total number of employee aged 15-74 years.
      Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."