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Federal Act
on Private International Law
(PILA)

Art. 121

d. Em­ploy­ment con­tracts

 

1 Em­ploy­ment con­tracts are gov­erned by the law of the state in which the em­ploy­ee ha­bitu­ally per­forms their work.

2 If the em­ploy­ee ha­bitu­ally per­forms their work in sev­er­al states, the em­ploy­ment con­tract is gov­erned by the law of the state of the es­tab­lish­ment or, in the ab­sence of an es­tab­lish­ment, of the dom­i­cile or ha­bitu­al res­id­ence of the em­ploy­er.

3 The parties may sub­mit the em­ploy­ment con­tract to the law of the state in which the em­ploy­ee has their ha­bitu­al res­id­ence or in which the em­ploy­er has their es­tab­lish­ment, dom­i­cile or ha­bitu­al res­id­ence.