Employment lawyer in Geneva

Frequently asked questions

I believe my dismissal is unfair: what are the deadlines?

Deadlines are strict: you must in principle object to the dismissal in writing to your employer before the end of the notice period, then bring a claim within 180 days after the end of the employment relationship. After these deadlines, compensation for unfair dismissal is generally lost — seek advice quickly.

My employer is not paying my salary, what can I do?

Start with a written formal notice setting a payment deadline. Failing that, an action before the Labour Court or debt enforcement proceedings can be initiated. Gather your evidence (contract, salary slips, time records) — the consultation helps choose the most effective route depending on the amounts at stake.

Am I entitled to an employment reference, and can I challenge it?

Yes: the employer must issue a complete, truthful and benevolent reference, at any time upon request. A misleading, incomplete or disparaging reference can be challenged in court to obtain its rectification. It is a decisive document for your career — do not neglect it.

What notice period applies to my contract?

Failing any contrary provision in the contract or a collective agreement, the statutory period is seven days during the trial period, one month during the first year of service, two months from the second to the ninth year, then three months. Notice takes effect at the end of a month. Always check your contract and the agreement applicable to your sector: they may provide otherwise.

I am on sick leave: can I be dismissed?

Not during the so-called protected period, which runs from the start of the incapacity and lasts thirty days during the first year of service, ninety days from the second to the fifth, then one hundred and eighty days. Notice given during this period is void. If it was given beforehand, the notice period is suspended. Keep all your medical certificates: they determine the calculation.

Must my overtime be paid?

In principle, overtime entitles you to your salary plus a twenty-five per cent supplement, unless a written agreement provides for compensation by equivalent time off or excludes payment. You must still be able to prove it: records, emails, time-clock data. Without a written trace, proof becomes difficult — start documenting today.

I am experiencing mobbing or harassment: what remedies exist?

The employer has a legal duty to protect employees’ personality rights, which includes preventing harassment. Report the facts in writing to your line management or HR: that report is often the decisive piece of the file. For sexual harassment, the Gender Equality Act additionally provides specific mechanisms, including a lighter burden of proof.

Am I entitled to unemployment benefits if I resign?

You retain the right to benefits, but the fund will in principle impose a suspension — days without payment — because you are deemed responsible for your unemployment. That suspension can be avoided if you establish a valid reason, for example working conditions that made continuing unbearable. Before resigning, have your situation assessed: the order of steps matters.

General information for guidance only, not a substitute for individual legal advice. Every situation deserves its own analysis — that is what the consultation is for.