Lawyers in Labor Law
Labour and public service law
The lawyers of MWR Attorneys at Law are active in the field of labor law as well as in the field of public administration. They have extensive professional experience in defending the legal interests of individuals and companies.
Advice on labour law
It is important to take the time to read and understand each clause of an employment contract before signing it to avoid future disputes. It is also important to ensure that the terms of the contract are consistent with the wishes and needs of each party, as well as with applicable law and collective bargaining agreements.
However, after the contract is signed, conflict situations may arise between the parties, whether it be non-payment of wages, workplace harassment, denial of vacation time, or other. In these situations, it is essential to understand the rights and obligations of each party, as well as the legal avenues available.
We are here to guide you through these situations. We can provide you with advice and even a legal opinion to clarify the legal issues that arise.
Whether you are an employer or a worker, we are at your side to assist you in all your pre-contractual steps.
Labour relations procedures
When you are faced with a conflict with your employer or employee, it is often preferable and less costly to reach an agreement. This agreement can be formalized with the help of lawyers.
In other cases, an amicable solution may not be possible. This may be the case when you encounter problems related to harassment, salary payment, vacation entitlement or dismissal.
In these cases, it may be necessary to initiate legal proceedings to resolve the conflict. The competent court in the canton of Geneva is generally the Tribunal des Prud'hommes. We are here to help you in these steps and to accompany you throughout the process.
We offer you our expertise to evaluate the situation and develop a strategy adapted to your needs and objectives.
Our goal is to help you protect your rights and obtain a favorable outcome to your case. Contact us to learn more about our employment law assistance services.
If you are a civil servant or public service employee, you know that employment relationships can sometimes be complex and subject to dispute. That is why it is important to know the administrative procedures that govern the relationship between public servants and their employer.
When you invoke a right or your hiring authority wishes to change your employment relationship, it must make a decision, which is subject to appeal. This administrative decision can be appealed to a court of law - usually the Administrative Court of First Instance - if you feel that your rights have not been respected.
We are at your disposal to advise and represent you in all administrative procedures necessary to assert your rights. We have a solid experience in civil service law and we are able to accompany you throughout the procedure.
Lawyers active in labor and public service law
Our labor and public service lawyers are involved in the following areas:
Labour relations procedures
Violation of contractual obligations
Labour law and public service
Contestation of working conditions
Equality Act (LEg)
Labour law and civil service issues
In order to contest a so-called "abusive" dismissal, the employee must send a written objection to his employer before the end of his notice period. In this letter, the employee must state that he/she contests the dismissal and offer to continue the employment relationship. If the employer refuses, the employee must consider taking legal action.
The lawyers at MWR Attorneys at Law will advise you on how to deal with these issues and, if necessary, assist you in legal proceedings.
How you respond to a person whose behavior is problematic will depend on your position.
If you are an employer, it will be necessary to establish whether the facts complained of constitute misconduct or a breach of contract, in order to know how to respond.
If you are an employee, you will have to ask your employer to take the necessary measures to protect you in the workplace.
Whatever your position, the lawyers at MWR analyze the situation and advise you on the legal options available to you. In particular, they will accompany you in the event of legal proceedings.
A summons to a service meeting often implies the opening of a disciplinary procedure. Depending on the facts, an investigation may be ordered by your hiring authority.
Disciplinary sanctions vary depending on the laws and regulations that apply. They can range from a simple warning to the termination of the service relationship.
MWR's lawyers analyze your situation and the risks involved. They identify the means of proof useful to your defense and assist you during the procedure as well as in case of appeal following an unjustified disciplinary sanction.
An employment contract in written form is generally not a legal obligation in Switzerland.
Therefore, an oral or tacit contract is valid. In this case, the reciprocal obligations of the employer and the employee are those of the Code of Obligations. One can think in particular of the right to salary, the right to vacations, the obligation to offer one's services, the notice of termination, etc...
The immediate termination of the employment contract by the employer is only permissible for good cause. In particular, all circumstances which, according to the rules of good faith, do not allow the employer to demand the continuation of the employment relationship (Art. 337 CO) are considered as just cause.
This provision is applied rather restrictively by the courts. Immediate termination may be considered in the following cases: serious breaches of duty by the employee, misdemeanors or crimes committed in the workplace, repeated refusal to work, work in a competing activity, disclosure of business secrets, corruption, etc...
In addition, the employer must react without delay. The employer loses its right to immediate termination if it does not react immediately after an incident. According to case law, the employer has two to three business days to decide whether to proceed with immediate termination. Larger companies have a slightly longer period.
MWR's lawyers can advise you in specific cases to determine whether or not immediate termination is warranted.
The employee has the right to terminate the contract immediately under certain strict conditions, such as in the case of assault on the employee, insulting remarks by a superior, sexual abuse, serious and lasting violations of health protection regulations. In other words, these are cases in which I cannot reasonably be expected to continue working.
Repeated and significant delays in the payment of wages or the insolvency of the employer may also justify immediate termination if the employer does not provide the necessary security. If the wage claims exceed the equivalent of two months, the employee may stop working while retaining the right to be paid.