Fachanwalt SAV Arbeitsrecht study materials

Fachanwalt SAV Arbeitsrecht practice questions

One question at a time. Build your Fachanwalt SAV Arbeitsrecht understanding.

First 50 of 190 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1Swiss specialist employment law: classify the relationship, claim and remedy

An IT specialist is engaged under a contract labeled 'Consultancy Mandate' (Beratungsauftrag). The specialist is required to work fixed hours from 08:30 to 17:30 at the client company's premises, uses company hardware, reports daily to the head of IT, and must strictly follow internal project management instructions. Which legal relationship exists between the parties under Swiss law?

An individual employment contract (Einzelarbeitsvertrag pursuant to Art. 319 OR), because the relationship is characterized by personal, organisational, and operational subordination Correct answer.
A simple agency mandate (einfacher Auftrag pursuant to Art. 394 OR), because the parties expressly chose this designation in exercise of freedom of contract
A contract for work (Werkvertrag pursuant to Art. 363 OR), because IT services always aim at producing a defined digital work result
An innominate contract (Innominatvertrag) governed exclusively by general contract principles of Art. 1 ff. OR

Explanation

Under Art. 319 OR and constant Federal Supreme Court case law, the legal qualification of a contract depends on its objective economic and legal nature rather than the label given by the parties (falsa demonstratio non nocet). The decisive criterion distinguishing an employment contract from a mandate (Art. 394 OR) is the employee's personal, organisational, temporal, and hierarchical subordination (Subordinationsverhältnis) and the employer's right of direction (Weisungsrecht).

Question 2Swiss specialist employment law: classify the relationship, claim and remedy

What is the primary doctrinal distinction between an individual employment contract (Art. 319 OR) and a contract for work (Werkvertrag, Art. 363 OR)?

An employment contract requires public notarization, whereas a Werkvertrag can be concluded informally
In an employment contract, the worker owes careful provision of labor over time within the employer's organization, whereas in a Werkvertrag, the contractor owes a specific, guaranteed work result (Erfolg) Correct answer.
In a Werkvertrag, the contractor is always entitled to mandatory wage continuation during illness under Art. 324a OR
An employment contract cannot be terminated ordinary without justified cause, whereas a Werkvertrag is terminable at will without financial consequences

Explanation

Under Art. 319 OR, the employee owes the provision of work for a certain time in the employer's service (Tätigwerden auf Zeit) without guaranteeing a specific outcome. In contrast, under Art. 363 OR, the contractor undertakes to produce and deliver a specific, tangible or intangible finished work result (Herstellung eines Werkes / Arbeitserfolg).

Question 3Swiss specialist employment law: classify the relationship, claim and remedy

A graduate begins working at an architectural firm on a complex project with the explicit knowledge and daily supervision of the managing partner, although no written employment agreement was signed and remuneration was never discussed. How is this situation assessed under Art. 320 Abs. 2 OR?

No contract exists because consensus on essentialia negotii (salary) was not reached under Art. 1 OR
The relationship is deemed an unpaid internship until the parties execute a formal written agreement
An employment contract is deemed concluded tacitly (konkludent), and the employer is obligated to pay customary remuneration Correct answer.
The graduate is entitled only to unjust enrichment claims (Bereicherungsanspruch Art. 62 OR) without employee protection rights

Explanation

Pursuant to Art. 320 Abs. 2 OR, a contract of employment is deemed to have been concluded if the employer accepts the performance of work in his service which under the circumstances can only be expected in return for remuneration. Under Art. 322 Abs. 1 OR, the employee is entitled to the customary remuneration (üblicher Lohn) for that sector and region.

Question 4Swiss specialist employment law: classify the relationship, claim and remedy

During a hiring interview for a standard administrative office position, the interviewer asks a female candidate whether she is currently pregnant or plans to start a family within the next two years. What are the candidate's legal rights under Swiss labor law?

The candidate must answer truthfully because pre-contractual duty of good faith (culpa in contrahendo) requires complete disclosure
The employer is entitled to contest the contract for willful deception (Art. 28 OR) if the candidate denies pregnancy and gives birth 5 months later
The question is legally permissible provided the employment contract contains an agreed probationary period of 3 months
The question is unlawful because it infringes personality rights (Art. 328 OR, Art. 3 GlG); the candidate possesses the right to lie (Notwehrrecht der Lüge) without risking subsequent contract voidance Correct answer.

Explanation

Under Art. 328 OR, Art. 328b OR, and the Gender Equality Act (GlG Art. 3), the employer's right to ask questions (Fragerecht) is strictly limited to matters directly relevant to the performance of the job. In standard employment, inquiries regarding pregnancy or family planning are impermissible, and the applicant is entitled to answer untruthfully (Notwehrrecht der Lüge) without committing willful deceit under Art. 28 OR.

Question 5Swiss specialist employment law: classify the relationship, claim and remedy

Under Art. 321a Abs. 1 OR, what legal standard determines whether an employee has fulfilled their statutory duty of care and loyalty (Sorgfalts- und Treuepflicht)?

An absolute objective standard of the bonus pater familias without regard to individual education or experience
An individualized objective standard taking into account the employee's professional knowledge, capabilities, operational risk, and the nature of the work (Art. 321e Abs. 2 OR) Correct answer.
A purely subjective standard evaluated solely according to the employee's personal best intentions
The liability standards established under the general law of torts (Art. 41 OR) requiring proof of criminal recklessness

Explanation

Pursuant to Art. 321a Abs. 1 OR in conjunction with Art. 321e Abs. 2 OR, the measure of care for which the employee is liable is determined by the individual employment relationship, taking into account the professional risk involved, the level of training, and the technical knowledge required for the work, as well as the employee's specific capabilities and traits known to the employer.

Question 6Swiss specialist employment law: classify the relationship, claim and remedy

A senior software engineer employed 100% at a Swiss fintech company starts developing a competing algorithmic trading platform on weekends for a direct market competitor. The employment agreement is silent regarding secondary employment. Has the employee breached statutory obligations?

No, because secondary employment during off-hours is protected under freedom of economic activity (Art. 27 BV) unless expressly prohibited in writing
No, provided the employee does not use the employer's source code or office equipment
Yes, because during the existence of the employment relationship, the employee is strictly prohibited from performing competitive work for third parties (Art. 321a Abs. 3 OR) Correct answer.
Yes, but only if the employer suffered a measurable drop in gross quarterly revenues directly caused by the platform

Explanation

Under Art. 321a Abs. 3 OR, for the duration of the employment relationship, the employee must not perform any paid work for third parties to the extent that it breaches the duty of loyalty, and in particular must not engage in work that competes with the employer (absolutes Konkurrenzverbot während des Arbeitsverhältnisses). This statutory duty applies automatically without requiring express contractual stipulation.

Question 7Swiss specialist employment law: classify the relationship, claim and remedy

An employee discovers systematic environmental regulatory violations within their company. Under established Federal Supreme Court case law regarding whistleblowing, what cascade of reporting steps must the employee follow to avoid breaching the duty of loyalty (Art. 321a OR)?

Immediate disclosure to national media outlets to ensure public transparency and whistleblowing protection
Direct filing of a criminal complaint with the cantonal prosecutor without informing the employer in any circumstance
Reporting to the employee's trade union, which possesses the exclusive legal right to decide whether to inform external parties
1) Internal reporting to employer management; 2) Reporting to competent supervisory public authorities if the employer fails to act; 3) Going to the media/public only as an ultima ratio in cases of severe public danger and authority inaction Correct answer.

Explanation

According to established Federal Supreme Court jurisprudence (e.g. BGE 127 III 310), whistleblowing is subject to a strict 3-stage cascade: First, the employee must report the irregularity internally to the employer (internes Whistleblowing). Only if the employer fails to remediate within reasonable time or in cases of clear futility may the employee alert competent public authorities. Going public/to the media is permissible only as a strict ultima ratio under extraordinary circumstances.

Question 8Swiss specialist employment law: classify the relationship, claim and remedy

A procurement manager accepts secret rebate payments (kickbacks / Retrozessionen) from a supplier into a private offshore bank account in connection with corporate purchasing contracts. Under Art. 321b Abs. 1 OR, what is the legal status of these funds?

The manager is obligated to account for and immediately surrender all received third-party payments to the employer Correct answer.
The funds belong to the manager as personal performance bonuses unless the employment contract contains an explicit surrender clause
The employer may only claim 50% of the funds under the statutory rules of shared business opportunities
The funds become property of the Swiss Federal Treasury under statutory asset forfeiture rules

Explanation

Under Art. 321b Abs. 1 OR, the employee must account to the employer for everything received from third parties in the performance of contractual work (including kickbacks, secret commissions, and rebates) and immediately hand it over to the employer. Retaining such payments constitutes both a contractual breach and potentially criminal unfaithful management (Art. 158 StGB).

Question 9Swiss specialist employment law: classify the relationship, claim and remedy

A research chemist employed specifically to invent new pharmaceutical compounds creates a blockbuster patentable molecule during regular working hours using company laboratories. Who owns the invention, and is the chemist entitled to special financial compensation under Art. 332 OR?

The invention belongs to the chemist until the employer exercises a contractual purchase option and pays fair market compensation
The invention belongs directly and automatically to the employer as a service invention (Diensterfindung, Art. 332 Abs. 1 OR), and no special compensation is owed beyond regular contractual salary Correct answer.
The chemist and employer become statutory co-owners of the patent under Art. 332 Abs. 2 OR
The chemist is entitled by mandatory law to a statutory royalty of 5% of gross worldwide sales

Explanation

Under Art. 332 Abs. 1 OR, inventions and designs produced by an employee in the performance of contractual duties (Diensterfindungen im engeren Sinn) belong automatically to the employer (ipso jure originärer Rechtserwerb). Because developing inventions is the core contractual duty for which the salary is paid, no separate or special compensation is owed.

Question 10Swiss specialist employment law: classify the relationship, claim and remedy

Under Art. 17 of the Swiss Copyright Act (URG, SR 231.1), what happens to copyright and exploitation rights when an employee creates computer software in the performance of their contractual duties?

Moral rights and economic exploitation rights remain exclusively with the employee programmer unless assigned in writing
The employer obtains a non-exclusive license for 2 years, after which rights revert to the employee
The exclusive rights of use and commercial exploitation transfer automatically to the employer by operation of law Correct answer.
The employee retains copyright and is entitled to statutory mandatory royalties collected by Swiss copyright societies

Explanation

Pursuant to Art. 17 URG (Federal Act on Copyright and Related Rights), where computer programs are created by an employee in the course of professional activities and in the performance of contractual obligations, the employer alone is entitled to exercise the exclusive rights of use and commercial exploitation (gesetzlicher Rechtsübergang).

Question 11Swiss specialist employment law: classify the relationship, claim and remedy

An employer issues an operational directive instructing all sales representatives to relocate permanently from Zurich to a newly opened branch in Geneva with a 20% salary cut, citing its managerial right of direction (Weisungsrecht, Art. 321d OR). Is this instruction legally valid?

Yes; the employer's right of direction under Art. 321d OR is comprehensive and covers all operational and financial terms of employment
Yes, provided the employer gives at least 14 calendar days of advance written notice
No, but only because relocation across cantonal borders requires prior approval from the State Secretariat for Economic Affairs (SECO)
No; the right of direction cannot unilaterally alter essential contractual terms (essentialia negotii); such changes require an amendment agreement or a notice of change (Änderungskündigung) Correct answer.

Explanation

The employer's right of direction under Art. 321d OR (Weisungsrecht) allows the concretization of existing contractual duties (operational instructions and workplace behavior). It cannot unilaterally alter core contractual terms (essentialia negotii, such as workplace location, core duties, and remuneration). Fundamental changes require mutual agreement or a formal dismissal with offer of altered terms (Änderungskündigung).

Question 12Swiss specialist employment law: classify the relationship, claim and remedy

What are the four cumulative legal prerequisites for establishing employee liability to compensate the employer for damages under Art. 321e OR?

1) Breach of contractual duty; 2) Financial damage suffered by the employer; 3) Natural and adequate causal nexus; 4) Fault (intent or negligence) on the part of the employee Correct answer.
1) Criminal conviction; 2) Gross negligence; 3) Written warning; 4) Financial damage exceeding CHF 10,000
1) Breach of duty; 2) Objective strict liability; 3) Commercial insurance denial; 4) Causation
1) Disciplinary measure; 2) Damage; 3) Joint liability of team members; 4) Employer's written notice within 5 days

Explanation

Under Art. 321e OR, employee liability requires the classic four cumulative elements of contractual liability: (1) an objective breach of the employment contract (Vertragsverletzung), (2) pecuniary damage (Schaden), (3) natural and adequate causation between breach and damage (Kausalzusammenhang), and (4) culpability/fault (Verschulden: intent or negligence, moderated by Art. 321e Abs. 2 OR).

Question 13Swiss specialist employment law: classify the relationship, claim and remedy

A forklift driver in a high-intensity logistics warehouse commits a momentary lapse of attention (slight negligence / leichte Fahrlässigkeit), causing a pallet of goods worth CHF 15,000 to fall and break. The employment relationship has lasted 8 years without prior incidents. How will a Swiss labor court determine the driver's liability under Art. 321e Abs. 2 OR?

The driver must pay the full CHF 15,000 under the principle of total compensation (Totalreparation)
The driver's liability will be reduced to zero or a nominal fraction because slight negligence in a hazardous, high-tempo environment constitutes operational risk (Betriebsrisiko) borne by the employer Correct answer.
The driver is automatically liable for a fixed statutory deductible of exactly one month's gross salary
The driver and the employer are each held liable for exactly 50% regardless of fault levels

Explanation

Under Art. 321e Abs. 2 OR, the judge moderates liability based on operational risk (Betriebsrisiko) and degree of fault. In routine, hazardous, or high-pace activities (gefahrengeneigte Arbeit), slight negligence (leichte Fahrlässigkeit) typically results in full liability exemption or a minimal token contribution, as ordinary operational hazards are an inherent business risk of the employer.

Question 14Swiss specialist employment law: classify the relationship, claim and remedy

An employee negligently damages a client's property during an on-site installation. The employer compensates the client under Art. 101 OR and subsequently seeks full recourse against the employee. What standard governs the employer's internal recourse claim?

The employer enjoys an unconditional 100% subrogation claim under Art. 51 OR without any employment law reductions
Internal recourse against employees is prohibited by mandatory public policy under Art. 362 OR
The recourse claim is governed by Art. 321e OR and must be moderated according to the employee's degree of fault, professional risk, and salary level Correct answer.
The employer may only recover damages if the employee committed a deliberate, premeditated crime

Explanation

When an employer compensates a third party for damages caused by an employee (under Art. 55 or Art. 101 OR), the employer's internal right of recourse (Regress) is strictly governed by the employment liability rules of Art. 321e OR. Consequently, all statutory reduction grounds (fault degree, Betriebsrisiko, salary level) apply to limit the employer's recovery.

Question 15Swiss specialist employment law: classify the relationship, claim and remedy

Which of the following contractual clauses in an individual employment relationship requires simple written form (einfache Schriftlichkeit, Art. 13 ff. OR) to be legally valid?

The basic agreement on the monthly base salary (Art. 322 OR)
The agreement on statutory minimum vacation duration of 4 weeks (Art. 329a OR)
The choice of an ordinary statutory notice period under Art. 335c OR
A post-contractual non-compete covenant (Art. 340 Abs. 1 OR) Correct answer.

Explanation

While employment contracts are generally form-free (Art. 320 Abs. 1 OR), specific clauses require simple written form (Schriftform) by statutory mandate to be valid, including post-contractual non-compete covenants (Art. 340 Abs. 1 OR), exclusion/derogation of overtime compensation (Art. 321c Abs. 3 OR), and extension of the probationary period beyond 1 month up to 3 months (Art. 335b Abs. 2 OR).

Question 16Swiss specialist employment law: classify the relationship, claim and remedy

In its rulings on ride-hailing and delivery platform work (notably BGE 148 II 426 on Uber Eats), which key factors led the Swiss Federal Supreme Court to treat platform workers as employees within the meaning of Art. 319 OR rather than independent contractors?

The platform unilaterally determined prices, allocated tasks via algorithmic dispatching, monitored performance via GPS ratings, and enforced disciplinary deactivations Correct answer.
The workers owned their own vehicles and could choose when to log into the application
The platform registered itself as a temporary staffing agency under the Recruitment Act (AVG)
The workers were exempt from paying Swiss cantonal social security contributions (AHV/IV/EO)

Explanation

In BGE 148 II 426 the Federal Supreme Court held that the couriers of the Uber Eats platform are to be regarded as employees and that the platform's activity amounted to Personalverleih under the AVG. The reasoning turns on unilateral price setting, algorithmic allocation and tracking of jobs, enforcement through customer ratings, operational instructions, and sanctions such as account deactivation, which together establish organizational, economic and hierarchical subordination within the meaning of Art. 319 OR.

Question 17Swiss specialist employment law: classify the relationship, claim and remedy

A bank requires a prospective candidate for a high-level portfolio manager role to undergo a pre-employment medical and psychological assessment. Under Art. 328b OR and data protection rules, what medical findings may the independent examining physician (Vertrauensarzt) disclose to the bank?

The complete medical history, diagnostic charts, and laboratory blood panels
Only a binary conclusion regarding whether the candidate is medically fit, unfit, or fit with specific restrictions for the designated role Correct answer.
Any psychiatric diagnosis or family medical predispositions relevant to stress tolerance
Full genetic screening data for hereditary cardiovascular risks

Explanation

Under Art. 328b OR and the Federal Data Protection Act (DSG), employee health data is strictly protected. The examining physician is bound by medical secrecy (Art. 321 StGB) and may only communicate to the employer a conclusory assessment ('fit / unfit / fit with reservations for the specific job') without disclosing detailed diagnoses or medical history.

Question 18Swiss specialist employment law: classify the relationship, claim and remedy

An employee requests full inspection and a copy of their complete personnel file (Personaldossier). What scope of access must the employer grant under Art. 328b OR and Art. 25 of the Swiss Data Protection Act (DSG)?

Only the formal employment contract and monthly wage slips
Unrestricted access to all company emails mentioning the employee's first name, including attorney-client privileged correspondence
Access to all personal data concerning the employee, including performance reviews, disciplinary notes, and third-party references, but excluding pure subjective notes and succession planning notes of management Correct answer.
The employer may refuse all access until the employee commences formal civil litigation

Explanation

Under Art. 25 DSG and Art. 328b OR, the employee has a comprehensive right of access to their personal data stored in the personnel file. This covers application documents, performance appraisals, warning letters, and salary records. However, purely internal management working notes (e.g. prospective succession scenarios) and legally privileged attorney correspondence are exempt from disclosure.

Question 19Swiss specialist employment law: classify the relationship, claim and remedy

An employee working 80% (34 hours/week) at Company A takes on a secondary job of 20% (10 hours/week) at an unrelated restaurant (Company B). The applicable statutory maximum weekly working time is 45 hours under Art. 9 ArG. What duty rests upon Company A upon discovering this?

Company A has no responsibilities because public labor law applies strictly on an employer-by-employer isolated basis
Company A is required by law to terminate the employee immediately without notice under Art. 337 OR
Company A must pay 50% of the employee's restaurant salary under the joint employer doctrine
Company A must ensure, under its protective health duty (Art. 6 ArG, Art. 328 OR), that the employee's combined weekly working hours across both employers do not exceed the statutory maximum of 45 hours and mandatory rest periods are respected Correct answer.

Explanation

Under Swiss public labor law (Art. 6 and Art. 9 ArG) and the employer's duty to protect health (Art. 328 OR), the statutory maximum weekly working time and minimum rest periods apply to the individual worker cumulatively. If an employer knows of secondary employment that causes total hours to exceed statutory limits, it must intervene to prevent violations of public health and safety regulations.

Question 20Swiss specialist employment law: classify the relationship, claim and remedy

An engineer invents an innovative mechanical valve during free time at home, which falls within the employer's commercial field of activity but was not part of the engineer's contractual duties (Gelegenheitserfindung, Art. 332 Abs. 2 OR). The employment contract contains a valid clause reserving the employer's right to acquire occasional inventions. What is the employer's statutory deadline to claim the invention, and what is the consequence of claiming it?

The employer must declare in writing within 6 months of being notified whether it wishes to acquire the invention; if acquired, the employee is entitled to separate, fair compensation (Art. 332 Abs. 3 OR) Correct answer.
The employer acquires it automatically within 14 days without any compensation obligation
The employer has 2 years to claim the invention, with compensation fixed by cantonal tariff
The employer cannot acquire occasional inventions under any circumstances because contractual reservation clauses are void

Explanation

Under Art. 332 Abs. 2 and Abs. 3 OR, the employer can contractually reserve the right to acquire occasional inventions (Gelegenheitserfindungen). Once notified in writing by the employee, the employer must declare within 6 months whether it will acquire the rights. If acquired, the employee is entitled to separate, equitable compensation considering the economic value of the invention and the company's assistance.

Question 21Swiss specialist employment law: classify the relationship, claim and remedy

An employment agreement stipulates an annual gross salary of CHF 120,000 payable in 13 monthly installments of CHF 9,230.75 each. The employee resigns ordinarily effective 30 June. How is the 13th-month salary treated upon departure?

The 13th-month salary is entirely forfeited because the employee was not in an active employment relationship on 31 December
The employee is entitled to a pro-rata payment of 6/12ths of the 13th-month salary (CHF 4,615.40), because a 13th-month salary is a mandatory component of base remuneration Correct answer.
The employer may decide at its sole discretion whether to pay any portion of the 13th-month salary
The 13th-month salary is converted into a discretionary gratification under Art. 322d OR

Explanation

A 13th-month salary (13. Monatslohn) is a fixed, mandatory wage component (Lohnbestandteil under Art. 322 OR). Unlike a discretionary gratification (Gratifikation Art. 322d OR), it is owed pro-rata temporis if the employment ends before the end of the calendar year (Art. 322d Abs. 2 OR e contrario), unless a contrary valid agreement exists.

Question 22Swiss specialist employment law: classify the relationship, claim and remedy

Under landmark Federal Supreme Court jurisprudence (BGE 139 III 155, BGE 141 III 407), what is the 'accessoriness principle' (Akzessorietätskriterium) used to distinguish a discretionary gratification (Art. 322d OR) from mandatory variable compensation (Lohnbestandteil)?

A bonus is accessory if it is paid exclusively in company shares rather than cash
A bonus is accessory if the employment contract was signed within the preceding 12 months
A bonus is an accessory gratification only if it remains secondary in relation to the base salary; if the variable component equals or exceeds the base salary, it is reclassified as mandatory wage, unless the total income is 'very high' Correct answer.
A bonus is accessory whenever the employer records it as an operating expense in annual audited accounts

Explanation

Under the Federal Supreme Court's accessoriness doctrine (Akzessorietätsprinzip), a variable payment can only be qualified as a voluntary gratification (Art. 322d OR) if it is secondary/accessory to the base wage. If the variable amount is equal to or higher than the base salary (or constitutes the major share of total earnings), it loses its accessory character and becomes mandatory wage by operation of law, provided total earnings do not qualify as 'very high income'.

Question 23Swiss specialist employment law: classify the relationship, claim and remedy

An employer pays an employee an annual bonus of CHF 20,000 for five consecutive years with a base salary of CHF 80,000. In each written bonus letter, the employer states: 'This payment is purely voluntary and creates no legal entitlement for future years' (Freiwilligkeitsvorbehalt). In the sixth year, the employer pays nothing. What is the legal assessment?

The bonus automatically converted into a mandatory wage entitlement after 3 consecutive years despite the written reservation
The employer must pay at least 50% of the average past bonus under the principle of legitimate expectations
The reservation of voluntariness is void under Art. 361 OR as an impermissible waiver of employee rights
The bonus remains a discretionary gratification (Gratifikation Art. 322d OR); because the reservation of voluntariness was expressed clearly and repeatedly, no contractual entitlement was created Correct answer.

Explanation

According to constant Federal Supreme Court jurisprudence (e.g. BGE 136 III 313, BGE 141 III 407), an explicit, unambiguous, and recurrent reservation of voluntariness (Freiwilligkeitsvorbehalt) prevents the conversion of a discretionary gratification into a tacit contractual wage entitlement, provided the accessoriness rule is not violated.

Question 24Swiss specialist employment law: classify the relationship, claim and remedy

What is the monetary threshold established by the Federal Supreme Court (BGE 141 III 407) above which total remuneration qualifies as a 'very high income' (sehr hohes Einkommen), precluding reclassification of a discretionary bonus into mandatory wage regardless of accessoriness?

Five times the Swiss median gross salary, a moving figure recalculated from the Federal Statistical Office wage statistics and currently in the order of CHF 400,000 per year Correct answer.
Exactly CHF 150,000 per year corresponding to the statutory UVG maximum insurable earnings
Twice the maximum annual BVG coordinating salary (approx. CHF 180,000)
Exactly CHF 1,000,000 per year

Explanation

In BGE 141 III 407, the Federal Supreme Court established that the protective accessoriness rule does not apply to employees earning a 'very high income' (sehr hohes Einkommen), defined as five times the Swiss median annual wage (fünffacher Schweizer Medianlohn). Because the median is restated with each Federal Statistical Office wage survey, the threshold moves; on recent survey figures it sits in the order of CHF 400,000 per year. For such top earners, freedom of contract prevails, and a bonus with a valid reservation of voluntariness remains entirely discretionary regardless of its size relative to the base salary.

Question 25Swiss specialist employment law: classify the relationship, claim and remedy

A factory experiences an unexpected supply chain disruption. The employer sends workers home for two weeks, stating that no wages will be paid for the idle period because the downtime was due to operational circumstances beyond its direct control. What is the legal position under Art. 324 OR (Annahmeverzug des Arbeitgebers)?

The employer may suspend wages under force majeure (Art. 119 OR) and require employees to compensate lost hours during subsequent weekends
The employer is in default of acceptance (Annahmeverzug) and must pay full contractual wages for the entire period; employees are not obliged to make up the lost hours Correct answer.
Wages are reduced by 50% under statutory risk-sharing provisions of commercial law
Employees must claim compensation directly from cantonal unemployment funds without recourse to the employer

Explanation

Under Art. 324 Abs. 1 OR, if the employer is unable or fails to accept the work performance offered by the employee, the employer remains obligated to pay full contractual remuneration (Annahmeverzug) and the employee is under no obligation to make up the missed working hours (keine Nachholpflicht). Operational and economic disruptions fall within the employer's business risk (Betriebsrisiko).

Question 26Swiss specialist employment law: classify the relationship, claim and remedy

An employee falls ill in their 4th month of service in a newly started permanent employment relationship where no private sickness daily allowance insurance (KTG) exists. What is the employer's statutory wage continuation obligation under Art. 324a Abs. 1 OR?

The employer owes wage continuation for exactly 6 months from the first day of illness
The employer has no wage payment obligation during the first 12 months of employment
The employer must pay 100% of the wage for at least 3 weeks in the first year of service, provided the employment lasted more than 3 months or was entered into for more than 3 months Correct answer.
The employer must pay 50% of the wage for up to 10 days only

Explanation

Under Art. 324a Abs. 1 OR, if an employee is prevented from working through no fault of their own (illness, accident, pregnancy), the employer must pay full wages for 3 weeks during the first year of service, provided the employment relationship has lasted for more than 3 months or was concluded for a duration exceeding 3 months.

Question 27Swiss specialist employment law: classify the relationship, claim and remedy

In the Canton of Bern, how is the duration of statutory wage continuation under Art. 324a OR calculated for an employee in their 3rd year of service under the Berner Skala?

9 weeks of full wage continuation
3 weeks of full wage continuation
6 months of full wage continuation
2 months of full wage continuation Correct answer.

Explanation

Under the Berner Skala (widely applied in Bern and across German-speaking Switzerland), statutory wage continuation under Art. 324a OR is structured as follows: 1st year of service = 3 weeks; 2nd year = 1 month; 3rd and 4th year = 2 months; 5th to 9th year = 3 months; 10th to 14th year = 4 months; 15th to 19th year = 5 months; 20th year and onwards = 6 months.

Question 28Swiss specialist employment law: classify the relationship, claim and remedy

Under Art. 324b OR, an employer may contractually replace the statutory wage continuation scheme with a collective daily sickness allowance insurance (Krankentaggeldversicherung KTG). What cumulative conditions must be satisfied for the insurance solution to be legally equivalent (gleichwertig)?

Written agreement, insurance paying at least 80% of gross salary for 720/730 days within 900 days, employer financing at least 50% of the premium, and maximum 2-3 unpaid waiting days Correct answer.
Oral agreement, insurance paying 50% of net salary for 180 days, with premiums deducted 100% from employee salary
The employer must guarantee 100% salary for 365 days without any premium contribution from the employee
The policy must be issued exclusively by the Swiss National Accident Insurance Fund (SUVA)

Explanation

Under Art. 324b OR and constant case law, a KTG solution is legally equivalent if: (1) agreed in writing/GAV, (2) covers at least 80% of lost earnings for at least 720 or 730 days, (3) the employer pays at least half (50%) of the insurance premiums, and (4) waiting days (Wartefristen) do not exceed 2–3 days without employer wage coverage.

Question 29Swiss specialist employment law: classify the relationship, claim and remedy

Under Art. 3 lit. d of the Swiss Federal Labor Act (Arbeitsgesetz, ArG) and Art. 9 ArGV 1, which employees qualify as 'higher executive employees' (höhere leitende Angestellte) who are completely exempt from public working time regulations?

All employees with a job title containing the word 'Director', 'Vice President', or 'Manager'
Employees who possess significant decision-making authority on vital matters of the enterprise or an essential department, with substantial influence on business structure, strategy, hiring, or financial allocations Correct answer.
Any employee earning an annual gross base salary exceeding CHF 120,000
All employees who manage at least one subordinate employee

Explanation

Pursuant to Art. 9 ArGV 1, an employee is a higher executive (höherer leitender Angestellter) only if they exercise substantial managerial authority on essential corporate decisions (strategy, key personnel, investment, operational direction) of the whole enterprise or a substantial division. Mere job titles, salary thresholds, or lower-level team supervision are insufficient for an ArG exemption.

Question 30Swiss specialist employment law: classify the relationship, claim and remedy

What is the maximum weekly statutory working time (Höchstarbeitszeit) under Art. 9 Abs. 1 ArG for office personnel, technical employees, and sales personnel in large retail enterprises?

50 hours per week
40 hours per week
45 hours per week Correct answer.
42 hours per week

Explanation

Under Art. 9 Abs. 1 lit. a ArG, the maximum weekly working time is 45 hours for workers in industrial enterprises, office personnel, technical employees, and sales personnel in large retail stores (Grossbetriebe des Detailhandels). For all other enterprises, the maximum limit is 50 hours per week (Art. 9 Abs. 1 lit. b ArG).

Question 31Swiss specialist employment law: classify the relationship, claim and remedy

What is the crucial legal distinction in Swiss law between 'Overtime' (Überstunden, Art. 321c OR) and 'Statutory Overtime' (Überzeit, Art. 12 ArG)?

Überstunden are governed exclusively by public criminal law, while Überzeit is regulated in the Code of Obligations
Überstunden can never be compensated with time off, whereas Überzeit must always be compensated in cash
There is no legal distinction; both terms are interchangeable synonyms in Swiss jurisprudence
Überstunden are working hours exceeding the agreed contractual hours up to the statutory maximum limit (45 or 50h); Überzeit is working time exceeding the statutory maximum weekly limit under the Labor Act Correct answer.

Explanation

In Swiss doctrine: Überstunden (contractual overtime, Art. 321c OR) refers to hours worked beyond the agreed contractual working time up to the statutory maximum weekly limit under Art. 9 ArG. Überzeit (statutory overtime, Art. 12/13 ArG) is mandatory public protective law and refers to working hours that exceed the statutory weekly maximum limit (45 or 50 hours).

Question 32Swiss specialist employment law: classify the relationship, claim and remedy

Can contractual overtime (Überstundenarbeit pursuant to Art. 321c OR) be completely excluded from financial compensation by written agreement?

Yes; Art. 321c Abs. 3 OR expressly allows the parties to derogate in writing from the 25% surcharge and from base overtime pay, including a total waiver of overtime compensation Correct answer.
No; the 25% overtime supplement is mandatory under Art. 361 OR and cannot be modified
Yes, but only if the employee earns more than CHF 250,000 annually
No, unless approved in advance by the cantonal labor inspectorate

Explanation

Under Art. 321c Abs. 3 OR, the statutory 25% wage supplement or the right to any overtime compensation (Überstunden) may be derogated from or completely waived by written agreement (schriftliche Wegbedingung) in the employment contract or in a collective employment agreement (GAV).

Question 33Swiss specialist employment law: classify the relationship, claim and remedy

Under public labor law (Art. 12 and Art. 13 ArG), what rules govern statutory overtime (Überzeit) for office personnel subject to a 45-hour maximum weekly limit?

Überzeit can be worked up to 500 hours per year without any daily limit or wage premium
Überzeit may not exceed 2 hours per day (except on non-working days) and 170 hours per calendar year; a mandatory 25% wage supplement is owed for all Überzeit exceeding 60 hours per calendar year if not compensated with time off Correct answer.
Überzeit must always be paid out with a 100% surcharge starting from the very first hour worked
An employee and employer may validly agree in writing in advance to completely waive all compensation for Überzeit

Explanation

Under Art. 12 Abs. 2 ArG, Überzeit may not exceed 2 hours per day and 170 hours per calendar year (140 hours in 50-hour enterprises). Pursuant to Art. 13 Abs. 1 ArG, for office personnel and technical employees, a 25% supplement is mandatory for all Überzeit exceeding 60 hours in a calendar year. Because the Labor Act is mandatory public law, advance waivers of statutory Überzeit compensation are null and void.

Question 34Swiss specialist employment law: classify the relationship, claim and remedy

Under Art. 15 ArG, what are the mandatory minimum rest break durations during a daily work shift, and when must a break be counted and paid as working time?

10 minutes every 2 hours; all breaks are automatically unpaid regardless of workstation confinement
60 minutes for any shift longer than 4 hours; breaks never count as working time
15 minutes for >5.5 hours, 30 minutes for >7 hours, and 60 minutes for >9 hours; breaks count as working time whenever the employee is not allowed to leave their workstation Correct answer.
30 minutes only if the shift exceeds 10 hours; breaks can be postponed to the end of the day

Explanation

Under Art. 15 Abs. 1 and Abs. 2 ArG, work must be interrupted by rest breaks of at least: 15 minutes for a daily working time of more than 5.5 hours; 30 minutes for more than 7 hours; and 60 minutes for more than 9 hours. Breaks count as working time if the employee is not permitted to leave the workstation (Arbeitsplatz).

Question 35Swiss specialist employment law: classify the relationship, claim and remedy

What is the mandatory daily rest period (tägliche Ruhezeit) under Art. 15a ArG, and under what condition may it be temporarily reduced?

At least 8 consecutive hours without exception
At least 12 consecutive hours; reducible to 6 hours during seasonal inventory counts
At least 14 consecutive hours for all employees under age 30
At least 11 consecutive hours; it may be reduced to 9 hours once a week provided the average over a two-week period is at least 11 hours Correct answer.

Explanation

Pursuant to Art. 15a Abs. 1 and Abs. 2 ArG, employees must be granted a daily rest period of at least 11 consecutive hours. For adult employees, the rest period may be reduced to 9 hours once a week, provided the average duration over two weeks reaches at least 11 hours.

Question 36Swiss specialist employment law: classify the relationship, claim and remedy

An employer assigns an employee to perform night work (Nachtarbeit between 23:00 and 06:00) for a temporary duration of 15 nights in a calendar year. What compensation is required under Art. 17b ArG?

A mandatory wage supplement of at least 25% Correct answer.
Compensatory time off of 10% of the night hours worked
A mandatory wage supplement of at least 50%
No supplement is owed if night work was agreed in the initial job offer

Explanation

Under Art. 17b Abs. 1 ArG, the employer must pay a wage supplement of at least 25% to employees performing temporary night work (vorübergehende Nachtarbeit, defined as fewer than 25 nights per calendar year). For permanent or regularly recurring night work (25 or more nights per year), employees are entitled to compensatory time off of at least 10% (Art. 17b Abs. 2 ArG).

Question 37Swiss specialist employment law: classify the relationship, claim and remedy

What are the legal conditions and compensation rules for temporary Sunday work (vorübergehende Sonntagsarbeit) under Art. 19 ArG?

It can be introduced unilaterally by the employer without official permit, with a 10% wage supplement
It requires official authorization from the cantonal labor authority for urgent operational needs, and the employer must pay a mandatory wage supplement of 50% plus granting compensatory rest during the week Correct answer.
Sunday work is strictly prohibited in Switzerland without any exception
It requires a permit from the Federal Supreme Court and a 100% wage premium

Explanation

Under Art. 19 Abs. 1 and Abs. 3 ArG, temporary Sunday work (up to 6 Sundays per year) requires an official permit from the competent cantonal authority based on urgent need (dringendes Bedürfnis). The employer is obligated by law to pay a wage supplement of at least 50% (Art. 19 Abs. 3 ArG) and provide compensatory rest time within the following six days (Art. 20 ArG).

Question 38Swiss specialist employment law: classify the relationship, claim and remedy

An employment agreement contains a clause stating: 'Because the employee is paid a high gross salary, unused statutory vacation at the end of each year will be paid out in cash instead of being taken as time off.' What is the legal validity of this clause during an ongoing employment relationship?

The clause is fully valid under freedom of contract
The clause is valid provided the employee signed an explicit written waiver each December
The clause is null and void under Art. 329d Abs. 2 OR; vacation must be taken in natura for recreation and cannot be replaced by monetary compensation during the employment relationship Correct answer.
The clause is valid for all vacation days exceeding 2 weeks per year

Explanation

Pursuant to Art. 329d Abs. 2 OR, for the duration of the employment relationship, vacation may not be replaced by monetary payments or other benefits (Abgeltungsverbot / in-natura-Prinzip). The purpose of statutory vacation is physical and mental rest and recreation (Erholungszweck). Any agreement to pay out vacation during the ongoing contract is null and void (Art. 361 OR).

Question 39Swiss specialist employment law: classify the relationship, claim and remedy

An employee is absent due to illness for 3 full consecutive months during a calendar year. The contract provides for the statutory 4 weeks of annual vacation. By how much may the employer reduce the annual vacation entitlement under Art. 329b Abs. 2 OR?

By 3/12ths (one-fourth), because reduction is calculated from the first day of absence
Vacation cannot be reduced under any circumstances for non-culpable illness
By 100% of the entire annual vacation
By 2/12ths (one-sixth) of the annual vacation entitlement, because the first full month is a protected grace period (Schonfrist) Correct answer.

Explanation

Under Art. 329b Abs. 2 OR, if an employee is prevented from working due to illness through no fault of their own, the employer may reduce vacation by one-twelfth (1/12) for each full month of absence starting from the second full month (the first full month is a statutory Schonfrist / grace period). For 3 full months of absence, the reduction is (3 - 1) = 2/12ths.

Question 40Swiss specialist employment law: classify the relationship, claim and remedy

Under Art. 328 OR and Art. 6 ArG, what are the employer's legal duties when an employee reports psychological harassment and bullying (Mobbing) by a direct supervisor?

The employer is under an immediate statutory duty of care to investigate the allegations objectively, take effective preventive and protective measures, and stop any ongoing harassment Correct answer.
The employer is only required to act if the employee files a formal criminal complaint with the cantonal police
The employer may discharge its duty by immediately terminating the reporting employee to preserve office peace
The employer has no legal obligations regarding interpersonal psychological conflicts between private staff

Explanation

Under Art. 328 Abs. 1 OR and Art. 6 Abs. 1 ArG, the employer has an affirmative statutory duty to protect the personality, health, and psychological integrity of its employees. Upon receiving allegations of mobbing or harassment, the employer must conduct a prompt, neutral investigation and implement effective remedial and protective measures. Failing to act constitutes a breach of the duty of care giving rise to damage and satisfaction claims.

Question 41Swiss specialist employment law: classify the relationship, claim and remedy

What is the statutory default duration and the maximum permissible contractual duration of the probationary period (Probezeit) in a permanent Swiss employment contract under Art. 335b OR?

Default duration is 3 months; it may be extended up to 6 months by simple agreement
Default duration is 1 month; it may be extended by written agreement up to a maximum of 3 months Correct answer.
Default duration is 6 months; it cannot be shortened or excluded
There is no statutory default; a probationary period exists only if agreed in writing

Explanation

Pursuant to Art. 335b Abs. 1 and Abs. 2 OR, the first month of an employment relationship is deemed to be a probationary period by statutory default. By written agreement, standard employment contract (NAV), or collective agreement (GAV), the probationary period can be waived, shortened, or extended up to a maximum of 3 months.

Question 42Swiss specialist employment law: classify the relationship, claim and remedy

An employee with an agreed 3-month probationary period falls ill for 10 working days during the second month of employment. How does this illness affect the duration of the probationary period under Art. 335b Abs. 3 OR?

The probationary period expires on the originally scheduled date because probationary periods cannot be extended under any circumstances
The entire 3-month probationary period restarts from scratch upon the employee's return to work
The probationary period is automatically extended by exactly the 10 working days of actual absence Correct answer.
The contract automatically converts into a fixed-term contract of 6 months

Explanation

Under Art. 335b Abs. 3 OR, where the probationary period is interrupted by illness, accident, or performance of non-voluntary statutory duties, the probationary period is automatically extended by a period corresponding precisely to the number of working days lost (entsprechende Verlängerung um die effektive Ausfallzeit).

Question 43Swiss specialist employment law: classify the relationship, claim and remedy

An employer enters into four successive 6-month fixed-term employment contracts with the same research assistant over a 2-year period for identical ongoing laboratory duties. Under Swiss jurisprudence regarding chain employment contracts (Kettenarbeitsverträge), how is this series of contracts qualified?

The contracts are fully valid because parties have complete freedom to renew fixed-term contracts indefinitely
Only the fourth contract is void, and the relationship automatically ended upon expiration of the third contract
The contracts convert into an independent agency mandate under Art. 394 OR
The chain of fixed-term contracts constitutes an unlawful circumvention of statutory dismissal protection, and the relationship is reclassified as a single continuous permanent employment contract Correct answer.

Explanation

According to established Federal Supreme Court case law (e.g. BGE 119 II 449), successive fixed-term contracts without objective business justification (Kettenarbeitsverträge) constitute an abusive circumvention of statutory employee protections (such as notice periods and Sperrfristen). Consequently, the entire relationship is qualified as a single indefinite/permanent employment contract from inception.

Question 44Swiss specialist employment law: classify the relationship, claim and remedy

What are the statutory default notice periods for ordinary termination of an employment relationship under Art. 335c Abs. 1 OR after the probationary period has ended?

1 month in the 1st year of service; 2 months in the 2nd through 9th year of service; 3 months from the 10th year of service onwards, all expiring at the end of a calendar month Correct answer.
1 month for the first 5 years; 2 months thereafter, expiring on any calendar day
3 months across all service years, expiring on the 15th or last day of a month
2 weeks in the 1st year; 1 month in years 2-5; 2 months from year 6 onwards

Explanation

Pursuant to Art. 335c Abs. 1 OR, the statutory notice periods are: 1 month during the first year of service; 2 months in the second through ninth years of service; and 3 months from the tenth year of service onwards. These notice periods take effect at the end of a calendar month (Kündigung auf das Ende eines Monats).

Question 45Swiss specialist employment law: classify the relationship, claim and remedy

An employment contract contains a clause specifying a 1-month notice period for the employer, but a 3-month notice period if the employee resigns. How is this clause treated under Art. 335a OR (Ungleiche Kündigungsfristen)?

The clause is fully valid because freedom of contract allows asymmetric notice periods
The clause is invalid as to the disparity; the longer notice period (3 months) applies automatically to both parties Correct answer.
The shorter notice period (1 month) applies automatically to both parties
Both notice periods are void, and the statutory notice period of 2 months applies

Explanation

Under Art. 335a Abs. 1 OR, notice periods must be equal for both parties. If the contract stipulates unequal notice periods, the longer notice period applies to both the employer and the employee by mandatory statutory rule (Art. 335a Abs. 1 Satz 2 OR).

Question 46Swiss specialist employment law: classify the relationship, claim and remedy

An employer posts a letter of dismissal by registered mail on 28 February to terminate an employment relationship with 1 month's notice effective 31 March. The postal collection notification (Abholeinladung) is deposited in the employee's home mailbox on 28 February. The employee is away on a weekend ski trip and collects the letter at the post office on 3 March. When is the notice deemed legally received under Swiss law (Empfangstheorie)?

On 28 February (the day the notification was put in the mailbox); therefore, the contract ends on 31 March
On 3 March (the day the letter was physically handed over at the postal counter); therefore, termination is effective 31 March
Not on 28 February: the collection slip alone is not receipt, so the earliest possible receipt falls in March; the one-month notice period therefore ran through March and April, ending the contract on 30 April Correct answer.
The notice is entirely invalid because dismissal must be delivered personally by hand

Explanation

Notice of termination is a declaration requiring receipt, and under the receipt theory (Empfangstheorie) it takes effect when it enters the addressee's sphere of control such that they can take note of it in the ordinary course. Depositing a collection slip is not itself receipt of the letter, so receipt cannot fall on 28 February; it occurs no earlier than the first day the letter can actually be collected. Because receipt therefore fell in March, the one-month notice period ran through April and the contract ended on 30 April rather than 31 March.

Question 47Swiss specialist employment law: classify the relationship, claim and remedy

What is the fundamental legal consequence under Swiss law when an employer issues an ordinary dismissal that is qualified as abusive (missbräuchliche Kündigung, Art. 336 OR)?

The dismissal is completely null and void (nichtig), and the employee is entitled to permanent reinstatement in their previous job
The dismissal is suspended automatically for 12 months with full wage entitlement
The employer is subject to mandatory criminal prosecution and must pay statutory treble damages
The dismissal remains legally effective and terminates the employment contract upon expiry of the notice period; the employee's sole remedy is a financial penalty of up to 6 months' salary under Art. 336a OR Correct answer.

Explanation

Swiss employment law adheres strictly to the principle of freedom of dismissal (Kündigungsfreiheit). An abusive dismissal (Art. 336 OR) is legally valid and ends the employment relationship; Swiss law does not grant a right of reinstatement (kein Reaktivierungs- oder Wiedereinstellungsanspruch, except under specific GlG rules). The exclusive legal remedy is financial compensation (penalty) of up to 6 months' gross salary pursuant to Art. 336a OR.

Question 48Swiss specialist employment law: classify the relationship, claim and remedy

Which of the following scenarios constitutes an abusive dismissal (missbräuchliche Kündigung) under Art. 336 Abs. 1 lit. a OR?

Terminating an employee solely because they married a person of a different nationality and religion, which has no connection to the employment relationship and does not impair workplace operations Correct answer.
Terminating an employee for persistent poor performance after documented negative performance appraisals
Terminating an employee due to corporate restructuring and plant relocation
Terminating an employee during the probationary period with 7 days' notice due to lack of technical aptitude

Explanation

Under Art. 336 Abs. 1 lit. a OR, a termination is abusive if given for a reason intrinsic to the personality of the other party (such as nationality, race, religion, sexual orientation, or marital status), unless that trait relates directly to the employment relationship or significantly impairs cooperation in the enterprise.

Question 49Swiss specialist employment law: classify the relationship, claim and remedy

An employee formally demands in writing payment of outstanding contractual overtime compensation. Two weeks later, the employer issues an ordinary notice of dismissal, giving no reason other than that 'troublemakers demanding extra money are not welcome'. How is this dismissal classified under Art. 336 OR?

As a justified summary dismissal under Art. 337 OR because challenging the employer destroys trust
As an abusive retaliatory dismissal (Rachekündigung, Art. 336 Abs. 1 lit. d OR) because it was issued because the employee asserted contractual claims in good faith Correct answer.
As a void dismissal under Art. 336c OR
As a valid, non-abusive dismissal because employers can terminate contracts without any justification

Explanation

Under Art. 336 Abs. 1 lit. d OR, a dismissal is abusive if it is given because the other party asserts in good faith claims arising out of the employment relationship (Rachekündigung / retaliatory dismissal). The employee is entitled to seek compensation of up to 6 months' salary under Art. 336a OR.

Question 50Swiss specialist employment law: classify the relationship, claim and remedy

An employer dismisses a long-serving 59-year-old employee with 24 years of service just three months before the employee would have become eligible for a contractually promised 25-year jubilee loyalty bonus of CHF 50,000, specifically to avoid paying the bonus. How is this termination qualified?

As an unjustified summary dismissal under Art. 337c OR
As a null and void termination under the Federal Constitution (Art. 8 BV)
As an abusive dismissal to thwart the accrual of claims arising out of the employment relationship (Vereitelungskündigung, Art. 336 Abs. 1 lit. c OR) Correct answer.
As a fully legitimate cost-optimization measure permitted under private autonomy

Explanation

Under Art. 336 Abs. 1 lit. c OR, a dismissal is abusive if it is given solely to prevent the emergence of claims arising from the employment relationship (Vereitelungskündigung), such as terminating an employee shortly before the vesting of a substantial jubilee bonus or enhanced pension benefits.