Do you doubt the validity of your future employment contract and consider certain terms to be abusive? This article helps you to determine whether your contract is abusive and explains how to act!
Swiss law does not indicate any specific clauses that make an employment contract unfair.
However, if a clause in the contract goes against the employer’s obligations, then the contract is considered unfair and is invalid.
NEVER sign a contract that you doubt! Discuss this with your employer to clarify what you consider to be unfair.
What are the employer’s obligations?
The employer must protect the life, physical and moral integrity, privacy, safety and health of its employees.
If a mention in the employment contract goes against one of these principles, then it will be abusive.
Invalidity of a contract :
A contract is said to be “non-valid” if it includes obligations that are impossible, illicit, contrary to morality or if it results in an obvious disproportion between the parties.
Obvious disproportion consists of four elements:
- The essential mistake, if the essential element of the contract is misrepresented;
- Fraud, if the employer deceives his employee with the contract of employment;
- Well-founded fear, if the signature was made under threat or duress;
- Injury, if there is an obvious disproportion in the balance of power between employee and employer.
Of course, the employer will always be dominant over his employee, but this must be to a dignified and reasonable extent!
Not sure about your employment contract? Are you hesitating to sign it, because certain clauses seem unfair to you? Lawrence will review your employment contract and advise you on how to sign it!