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An Appointment Request Letter is your formal tool for extending job offers to prospective employees in Switzerland. This document serves as the bridge between verbal negotiations and the final employment contract, establishing clear expectations and demonstrating your commitment to hiring a candidate. Under Swiss employment law, particularly the Code of Obligations, this letter plays a crucial role in creating enforceable obligations even before the formal contract is signed.

When do you need this document?

You need an Appointment Request Letter whenever you want to formalize a job offer after completing your recruitment process. This typically occurs after you've conducted interviews, checked references, and reached verbal agreement on key terms with your preferred candidate. The letter is essential when you're hiring for permanent positions, temporary roles with specific terms, or when bringing on senior executives where clear documentation of the offer is critical. You'll also need this document when your company policy requires written confirmation of all job offers, or when the candidate requests formal documentation before accepting the position. International companies operating in Switzerland particularly benefit from this letter as it ensures compliance with local employment practices while providing clear documentation for internal processes.

Key legal considerations

Under Swiss employment law, your Appointment Request Letter creates certain legal obligations even before a formal contract is executed. The Swiss Code of Obligations requires that essential employment terms be clearly communicated, including position title, compensation, start date, and work location. You must ensure that salary figures comply with Swiss minimum wage requirements where applicable and that proposed working hours align with the Federal Act on Work in Industry, Trade and Commerce (ArG/LTr). Data protection considerations under the Federal Act on Data Protection (FADP/DSG) apply to how you handle and store candidate information throughout this process. Be careful about the language you use regarding probationary periods, as Swiss law has specific requirements about their duration and conditions. The letter should also reference mandatory social security obligations under Swiss law, including contributions to AHV/AVS, unemployment insurance, and accident insurance.

Legal requirements in Switzerland

Switzerland requires that employment offers include specific mandatory elements to ensure compliance with federal employment legislation. Your letter must clearly state the position title, reporting relationship, and primary work location to satisfy Swiss Code of Obligations requirements. Compensation details must include base salary and any additional benefits, with figures presented in Swiss francs and compliant with applicable collective bargaining agreements if relevant. The proposed start date should allow reasonable notice to the candidate's current employer, typically following Swiss standards of one to three months depending on the role level. You must also indicate the applicable probationary period, which cannot exceed three months under Swiss law for most positions. References to mandatory insurance coverage, including accident insurance and social security contributions, should be included to demonstrate compliance with federal requirements. Finally, ensure that any conditions precedent to employment, such as work permit requirements for foreign nationals, are clearly stated and legally compliant with Swiss immigration law.