Labour Law in Switzerland

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Switzerland not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting.

Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more.

Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Switzerland, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.

Alexandre Berenstein, 1909-2000, was born in Paris on 19 January. He received the degree of Master of Law from the University of Geneva in 1929, followed by the degrees of licencié en sociologie in 1930 and docteur en droit in 1936. From 1938 to 1979 he taught labour law, international labour law, social security law and private insurance law in the law faculty of the University of Geneva. Appointed Professor in 1951, he was Dean of the law faculty from 1960 to 1966 and professor emeritus since 1970. He was Vice President and then, from 1970 to 1979, President of the International School for Comparative Labour Law in Trieste. He has lectured in many countries.

Professor Berenstein was a barrister at the Geneva bar from 1939 to 1970. In 1970 he was elected to the Swiss Federal Court and was a judge in this court until 1979. From 1979 to 1987 he was President of the Federal Board of Conciliation for Labour Disputes.

The author of many publications in the field of labour and social law, Professor Berenstein was Secretary General of the International Society for Labour Law and Social Security from 1958 to 1974. In 1974 he was elected Honorary President of this Society. He was President of the International Association for Social Progress and was President of the Swiss Association for Social Politics. A former President of the Workers' University of Geneva he was, from 1983 to 1991, President of the International Peace Research Institute in Geneva (GIPRI) and became the honorary President of this Institute. Professor Berenstein was a consultant expert for the Council of Europe and accomplished various missions for other international organizations, especially for the International Labour Office.

Pascal Mahon was born in Delémont on 4 April 1957. He received the degree of Master of Law from the University of Lausanne in 1980, followed by the degree of docteur en droit in 1986. From 1980 to 1984, he was assistant in public law at the University of Lausanne. After a research stay at the University of Bologna (1985-1987), he taught as an associate professor social organization in the political science faculty of the university of Lausanne from 1988 to 1990, and, from 1992 to 1996, labour law and social security law in the law faculty of the University of Neuchâtel, where he was appointed professor in 1996. Since then, he has taught Swiss constitutional and comparative constitutional law.

Professor Mahon was formerly to be scientific adviser in the Federal Office of Justice, to the Federal Department of Justice and Police from 1988 to 1996. Since 1998, he has been member of the Cantonal Board of Conciliation for Labour Disputes in Neuchâtel.

He was successively Vice-Dean (2003-2004) and Dean (2005-2007) of the law faculty of the University of Neuchâtel and then Vice-President of the same University (2012-2016). He is now also co-director of the Centre of Study on Work Relationships (CERT, www2.unine.ch/cert).

Professor Mahon is author of many publications in the field of constitutional law and of labour and social law.