Looking for a job
In accordance with Art. 329, para. 3 CO, a worker is entitled “once formal notice of termination of a contract is given, to the time necessary to look for a job”. As it is not possible in theory to terminate an apprenticeship contract (with the exception of an immediate termination or by mutual consent) and as the contract will on the contrary come to an end on the date stipulated in the contract, the learner will not be entitled to request application of Art. 329, para. 3. However, the courts have rightly decided that this provision may also be applied to contracts that were signed for a fixed period of time, and thus to apprenticeship contracts. We can therefore conclude that an apprentice may assert his?/?her right two months before the end of the apprenticeship pursuant to Art. 335c, para. 1 CO.
The learner must always request permission to be absent from the company and should do so in the interests of the company. If the learner has flexible working hours, then he?/?she will normally endeavour to make proper use of free time.
The Swiss Code of Obligations does not contain any precise provision regarding the employer’s obligation to pay a salary. However, if the salary is paid monthly no deductions can be made. If the salary is paid on an hourly basis the salary is normally paid in full.
