Duties of parties to an employment contract

Under Swiss law, the employee must personally perform the work contractually undertaken, unless otherwise agreed upon, or unless the circumstances indicate otherwise.

S/he has then to carefully perform the work assigned by the employer and safeguard its legitimate interests with loyalty, i.e. to desist from all actions causing commercial detriment to the employer.

In case s/he fails to carry out work assignments, to take the necessary due care or to uphold employer’s justified interests to the extent of due fidelity, the employee could face various sanctions, such as notice of termination, refusal to pay or reduction of the remuneration, indemnities for loss or damage, contractual penalties when previously agreed, etc.

In some other circumstances, an employee can as well be held liable for any loss or damage caused to an employer intentionally or by negligence. However, the burden of proof is on the employer.

Basically, an employer’s duties consists of paying the agreed remuneration, i.e. the reward for the labour provided by the employee, as well as in protecting the employee’s individuality, which implies upholding and protecting the justified interests of the employee (protection of health safety, against sexual harassment, against mobbing, etc.).

In case of an employer failing to meet his/her duties, the employee can either terminate the working contract (without notice should the infringements be repetitive), refuse to perform labour, seek enforcement of compliance before the court and indemnities for loss or damage and reparation.

For further information, contact us

Tell Us About Your Case

Fill out the form below and we will get back to you shortly

Contact our lawyers Join us

This website aims to provide general information regarding Swiss law and should not be regarded as a legal opinion. For more specific advice, do not hesitate to contact us.