News in Swiss Labour Law - Andersen Italy

The key points of the recent developments in Swiss Labor Law

Magdalena Patryas, Partner at Andersen Poland, interviewed this month Donatella Cicognani, Managing Partner at Andersen in Switzerland, about the latest developments in Swiss labour law, such as the obligation to register employment offers, gender equality, and the taxation of remote work in an international context.

Donatella Cicognani explains that starting from January 2025, employers offering jobs in certain sectors and positions defined by law must notify the Regional Employment Office (RAV) and observe a five-working-day waiting period before publishing the job advertisement.

In March 2025, a new platform for reporting short-term employment was also introduced. However, this system requires active collaboration from employers and HR managers to ensure that job postings are clear, accurate, and regularly updated.

Speaking about the Swiss context, Donatella Cicognani points out that there is no statutory minimum wage in Switzerland. However, similarly to Italy, minimum wages are defined by collective labour agreements for specific industries or regions. Employers must remain attentive to market average salaries, as in cases where such agreements are absent and significant pay disparities arise, authorities may impose corrective agreements.

Regarding pay equality, and in order to align with the European directive within the established timeframe (June 2026), Switzerland enacted the Gender Equality Act. Since 2020, employers with more than 100 employees have been required to carry out an independent pay equity analysis and ensure 30% female representation on boards of directors and 20% on executive boards.

Another recent development in Swiss labour law concerns the application of tax and pay transparency regulations for cross-border remote workers. The Federal Act on the Taxation on Remote Working in an International Context has been adopted, with the aim of creating a clear legal framework in addition to the agreements already approved by the Federal Council (on 14 May 2025) regarding the exchange of salary data with France and Italy.

In conclusion, Donatella Cicognani highlights that today HR professionals are no longer merely supporting figures for employers but play a central role in business operations and in enhancing companies’ competitiveness both within Switzerland and internationally.

You can find the full article on page 6 of the newsletter.

Updates on Employment Law in Italy

Uberto Percivalle, Partner at Andersen Italy and Head of the Employment and Labor Service Line in our country, discussed the latest topics, including return-to-work models, the signing of new collective agreements for executives, and measures in cases of corporate crises.

The obligation for employees to fill out “RETURN TO WORK” forms is unlawful

On July 10, 2025, the Italian Data Protection Authority (Garante della Privacy) ruled, in a case involving a major manufacturer of components and solutions for the automotive industry, on the use of “return-to-work” questionnaires following absences due to illness or hospitalization.

The Authority found that this practice violated Regulation 1/2029 of the Garante, as the information requested in this specific case falls outside the employer’s competence and is the responsibility of the competent physician. Requiring employees to complete such a form constitutes a breach of their privacy on multiple grounds—for example, the lack of adequate prior information provided to employees—and lacks a legitimate legal basis.

Updates on Collective Agreements for Executives

On July 24, 2025, the employers’ federation and the industrial sector executives’ union signed a collective agreement on executive employment in the Italian labor market. The agreement provides a range of services for both employed executives and those unemployed for up to six months, such as a placement service. These services will come into effect in 2026, with employers required to contribute €100 per year for each active executive.

Converted the Decree on Urgent Measures to Support Companies in Production Crises

On June 26, 2025, the decree-law supporting companies in crisis was converted into law. Among the approved measures are, for example, the exemption from specific contributions in areas affected by complex industrial crises for employers requesting wage guarantee funds (cassa integrazione), the extension of the maximum duration of wage guarantee funds for companies employing at least 1,000 employees, and the provision of a special wage guarantee fund for companies planning to cease operations.

In addition, INPS issued guidelines for the implementation of these measures, adding provisions on leave for small companies in the fashion sector and leave for force majeure events (such as heatwaves).

Greater Flexibility in Fixed-Term Contracts

In Italy, the maximum duration of fixed-term contracts is currently 12 months, renewable twice for a total maximum of 24 months, with longer durations allowed only in specific cases, such as replacing absent employees. In 2023, it became possible to extend the duration of fixed-term contracts for organizational or production reasons. Initially set to expire in April 2024, this provision has been extended until December 31, 2026.

An employee can be dismissed for just cause for actions committed in their capacity as a member of the Board of Directors

In the case examined by the Court, it was affirmed that an employee can be dismissed for just cause for actions sanctioned while serving as a member of the Board of Directors, even after the term of office has ended.

The Court emphasized that the key moment for contesting the employee’s conduct is when the negative consequences on the employment relationship can be objectively assessed. This does not preclude the existence of just cause if, at the time of dismissal, the employee is no longer a shareholder or director.

The Court highlighted that this evaluation is necessary because misconduct can still undermine the trust-based relationship at a later stage, and the damage can exist even if the employee no longer holds the position on the Board of Directors.

European Employment Insights – September 2025