Employees also have a right to an order of the court prohibiting continuation of discrimination, or preventing a threatened discrimination. 7.2        When are restrictive covenants enforceable and for what period? A share sale does not affect the employment agreements, because the identity of the employer will not be altered. A fifth of the workforce (or 100 employees) can ask for a vote; if the majority of the voting employees support the request, elections have to take place. There is a right to appeal within 30 days after the judgment has been handed down. The courts weigh the interests of the employer and the employee, and may order the employee to stop the competing activity if the non-compete covenant is found to be enforceable. This website contains basic information about employment law in Switzerland : » The General Aspects of a Contract of Employment Practice Areas > The regulation of the employment by private employers is largely harmonized at the federal level, while public-sector employment still prevails a variety of cantonal laws. If the employer fails to inform the local labour office, the dismissal will not become effective. Such data must have a close connection to the employment, and any gathering of data must be strictly proportionate to its purpose. 1.2        What types of worker are protected by employment law? 1.3        Do contracts of employment have to be in writing? 2.2        What rights do trade unions have? The Federal Data Protection and Information Commissioner keeps a list of foreign countries that are deemed to provide an appropriate level of protection; this list may be viewed on the Commissioner’s website. How are works council representatives chosen/appointed? Within that limited scope, the employees are protected against discrimination regardless of the basis of the discrimination, i.e., age, disability, race, political belief, religion or otherwise. 4.3        What rights does a woman have upon her return to work from maternity leave? Does bargaining usually take place at company or industry level? Terms might be implied based on past practice. In addition to the provisions on maternity leave, there are other rules on pregnancy and status following birth. 3.1        Are employees protected against discrimination? However, this may for instance hold true for ideological enterprises (“Tendenzbetriebe”). In case of a dismissal after a gender discrimination claim was raised (retaliation dismissal), the court can order the provisional re-employment of an employee and eventually cancel the termination and order definitive re-employment. Moreover, collective bargaining agreements and the individual employment agreements often contain additional rules which further improve the position of the employee during pregnancy and following birth. However, mandatory collective bargaining agreements provide for a minimum pay in certain industries. There are various implied terms which govern the employment relationship. The employer must not discriminate against an individual employee without objective reasons. The contractual clauses often provide for a liquidated damages clause. If material to the employment, they may involve extracts from criminal records, statements from the debt collection office and statements concerning the employee’s state of health. However, they may be permitted if they pursue other aims, for example, security or controlling the proper use of the work infrastructure and working time. In addition, employers are regularly insured against the risk of employees not working during pregnancy for medical reasons. She will usually have to continue the same job as before birth, and is not entitled to reduce her working time, unless otherwise agreed with the employer. In the context of a business sale by means of an asset deal, employees (or the works council, if there is one) have to be informed about the reasons for the transfer and its legal, economic and social implications for the employees. Hence, depending on the place of jurisdiction, either a labour court or an ordinary district court will hear employment-related complaints. However, the employer may restrict, deny or postpone access in case there is a legal exception or if he or she can show preeminent interests of their own or interests of third persons not to (fully) grant the requested access.