Employment Law

Employment Law Attorney in Lugano

Haab Legal provides advice and representation in all Swiss employment law matters in Canton Ticino. We assist both employees and employers in employment disputes, from negotiation through to litigation before the Labour Court of Lugano.

Areas we handle

Termination of employment

Swiss law provides for freedom of termination (art. 335 CO), but with important limitations. Termination is wrongful (art. 336 CO) when it is given for discriminatory reasons (sex, origin, religion, sexual orientation), in retaliation (following a justified complaint) or to prevent claims arising from seniority.

The statutory notice periods are: 1 month in the first year of service, 2 months from the second to the ninth year, 3 months from the tenth year (art. 335c CO). Notice must be given for the end of the month, unless otherwise agreed.

Termination at an inopportune time

Termination during a protected period (art. 336c CO) is void. The protection periods during which the employer may not dismiss an employee are:

• Illness or accident: 30 days in the 1st year, 90 days from the 2nd to the 5th year, 180 days from the 6th year
• Military or civil protection service
• Pregnancy and 16 weeks after childbirth
• Foreign service ordered by a federal authority

Wrongful dismissal and compensation

In the case of wrongful dismissal, the employee is entitled to compensation of up to 6 months' salary (art. 336a CO). To assert this claim, the employee must lodge a written objection during the notice period and commence proceedings within 180 days of the end of the employment relationship (art. 336b CO).

Haab Legal evaluates each case and, where the conditions are met, pursues compensation with determination.

Summary dismissal

Summary dismissal (art. 337 CO) is permissible only for serious cause that makes the continuation of the employment relationship intolerable (e.g. theft, violence, serious breach of duties). If unjustified, the employee is entitled to salary until the ordinary expiry date plus compensation of up to 6 months' salary.

Workplace bullying and harassment

The employer has a duty to protect the employee's personal integrity (art. 328 CO). Bullying (repeated and systematic hostile behaviour) violates this duty. The employee may seek cessation of the violation, damages and moral compensation. Haab Legal assists in gathering evidence and conducting court proceedings.

Overtime and additional hours

Overtime (art. 321c CO) must be compensated with a 25% supplement or with time off of equal duration. Additional hours under the Labour Act (LL) entitle the employee to a 25% supplement when they exceed the 45/50-hour weekly threshold (art. 13 LL). It is essential to document the hours worked.

Employment reference

The employee is entitled at any time to a comprehensive and truthful employment reference (art. 330a CO). The reference must be favourable yet accurate. Ambiguous or coded wording that harms the employee may be challenged in court.

Non-compete clause

A non-compete clause (art. 340 et seq. CO) is valid only if it is in writing, if the employee had access to the clientele or business secrets, and if the restriction is reasonable in terms of time (max. 3 years), place and subject matter. The clause lapses if the employer terminates the contract without the employee having given cause (art. 340c para. 2 CO).

Costs of proceedings

Proceedings before the Labour Court in Ticino are free of charge up to a disputed amount of CHF 30'000 (art. 114 lit. a CPC). For higher amounts, costs remain moderate. This makes legal action accessible even for employees with limited resources, an important feature of Swiss employment law.

Our approach

Employment disputes often have a significant emotional and financial impact. Haab Legal aims for swift solutions, including mediation or settlement, while never compromising on the full protection of the client's rights.