Switzerland: Employment and HR

Public perception often associates sensitive terminations primarily with terminations with immediate effect under Articles 337 et seq. Swiss Code of Obligations (CO) or abusive terminations under Article 336 CO. These are the best known examples in practice. They also quite often lead to court proceedings.

When employees resign to join competitors, employers face critical decisions about client communication, data protection, and legal boundaries. This analysis examines the delicate balance between legitimate business interests and employee rights during sensitive departures, exploring the legal frameworks governing competitive moves and data handling obligations.

CONVINUS provides comprehensive global mobility alerts and newsletters covering international workforce management, immigration updates, and cross-border employment regulations. These resources deliver timely insights on visa requirements, tax implications, and compliance matters affecting multinational organizations and their mobile employees across various jurisdictions.

Labour and Employment Comparative Guide for the jurisdiction of Switzerland, check out our comparative guides section to compare across multiple countries

Das «Whistleblowing» ist ein bedeutender Bestandteil des übergeordneten Risiko-Managements.

This article provides an overview of the most relevant employment law judgments handed down by the Swiss Federal Supreme Court in 2024.

A Swiss retirement residence permit refusal - sometimes referred to informally as a Swiss retirement visa refusal - can be frustrating because the written reason may look narrow: insufficient financial means, weak personal ties to Switzerland, unclear retirement status, inadequate accommodation or an unfavourable discretionary assessment. In practice, the decisive problem is often cumulative. Before appealing, re-filing or choosing another canton, the first task is to identify what the authority was really saying.

Switzerland does not grant residence simply because a non-EU/EFTA national is wealthy and wishes to retire here. Substantial assets may support an application, but they do not replace the need to show genuine retirement, special personal ties to Switzerland, no gainful activity and a credible Swiss residence plan.

CONVINUS Global Mobility Alert 20.2026 provides critical updates on immigration processing delays in Mexico affecting work permit timelines, and reminds UAE mainland employers of the June 30, 2026 deadline to increase Emiratization quotas by 1% to reach 9%, with significant penalties for non-compliance. The alert also covers Andorra's reduced 2026 immigration quota and includes a detailed analysis of the legal distinctions between employee secondment and local hiring in Switzerland.

Labour and Employment Comparative Guide for the jurisdiction of Switzerland, check out our comparative guides section to compare across multiple countries

In its decision dated 7 July 2025, the Swiss Federal Supreme Court addressed the requirements for an objection against a wrongful termination (Art. 336b CO).

Terminations present legal challenges for employers: Deadlines, formal requirements, protection rules, and risks such as wrongful termination must be considered.