How do I set up an employment contract for service employees?

Contract template for service employees

You want to hire new service employees but don't know what to include in their contracts?

Our template can help you. In our document, you will also find important legal information about employment contracts for service employees.

Can I freely design the employment contract myself?

Not entirely. For employment contracts in hospitality, the collective labor agreement in the Swiss hospitality industry (N-CLA) applies.

What do they specify?

• Probationary period: The probationary period is 14 days, unlike a customary first month, and the notice period is three days instead of seven. Both can be amended in writing.
• After the probationary period has lapsed, the notice period is one month in the first five years, and two months thereafter.
• If possible, the end of the season should be defined with a date in the individual employment contracts. However, the contractual term can be set to the end of the season without a specific date. If the date of the end of the season is not agreed in writing, the employee must be notified of the departure day at the end of the season of the company at least 14 days before the last work day.
• Restaurants operating year-round must create work schedules in consultation with the employees two weeks in advance for two weeks, while seasonal restaurants must do the same one week in advance for one week. With the exception of urgent cases, later changes must be agreed between the employer and the employee.
• The employer must keep record of the effectively worked hours and free time. Employees can request information about worked hours and free time, vacation and holidays at any time. If the employer does not comply with this obligation to keep records, then an assessment of the hours worked by the employee can be admitted as evidence in the event of a legal dispute.

Does the employment contract have to be concluded in writing?

No. However, if there are deviations in the following points from the prescribed scope of the CLA, then they must be set out in writing:

• Probationary period (Art. 5 no. 1 and 2 N-CLA)
• Terminability of fixed-term contracts (Art. no. 3 N-CLA)
• Minimum wage (Art. 10 no. 1 IV d) N-CLA)
• Service assignments (Art. 10 no. 3 para. 1 N-CLA)
• Payment of salary (Art. 14 no. 1 N-CLA)
• Compensation for overtime (Art. 15 no. 6 N-CLA)
• Vacation (Art. 17 no. 1 para. 2 N-CLA)
• Accommodation and meals (Art. 32 no.1 N-CLA)

What else do I need to bear in mind?

By law, the employer must inform the employee in writing regarding the following points by no later than one month after the employment commences, provided the employment relationship was entered into for an indefinite period of time or for more than one month:

1. The names of the contractual parties;
2. The date on which the employment relationship starts;
3. The function of the employee;
4. The salary and any salary supplements;
5. The time worked weekly.

This also applies to amendments that relate to these contractual components requiring disclosure.

You can find additional legal information and a contract template for download below.