What this skill does
Employment Review analyses individual employment contracts and general employment conditions against Swiss employment law (Swiss Code of Obligations, ArGG, and applicable collective labour agreements), identifying clauses that deviate from mandatory law, provisions that favour the employer in ways that may be legally vulnerable, and missing terms that create operational or litigation risk.
Swiss employment law is heavily employee-protective and contains significant mandatory provisions that cannot be waived by contract. The skill identifies where a contract deviates from these mandatory protections — whether intentionally or through standard template boilerplate that has not been updated — and assesses the legal consequence of those deviations. It also reviews contractual provisions that are frequently litigated in Swiss employment disputes: non-compete clauses, post-termination IP assignment, garden leave, and discretionary bonus provisions.
The skill works from the employer's perspective (identifying where the employer has created risk through poorly drafted provisions) or the employee's perspective (identifying where the employee's mandatory rights have been contracted away), depending on who you are acting for.
When to use it
- Due diligence review of the employment contracts of key employees before a share purchase or asset acquisition
- Audit of a standard employment contract template before rolling it out to a new category of employee
- Advising an employee who has been handed an employment contract to sign and wants to understand their rights
- Post-termination advice, reviewing the employment contract to assess the enforceability of non-compete and IP assignment clauses
What you get
A structured analysis with: Mandatory Law Compliance (whether the contract complies with Swiss mandatory employment law provisions), Key Obligations Summary (what each party is required to do under the contract), Risk Clauses (provisions that may be unenforceable, disproportionate, or likely to be challenged), Missing Provisions (terms that a well-drafted Swiss employment contract should contain but this one lacks), Non-Compete Assessment (enforceability of any post-employment restrictions under OR Art. 340 et seq.), IP and Confidentiality Assessment, and Recommended Changes with specific redline suggestions.
Example prompt inputs
- "Standard employment contract for a senior software engineer. Please review from the employer's perspective, focusing on IP rights and non-compete"
- "Managing director's employment agreement. My client is the company — please identify any provisions that could become problematic in a termination scenario"
- "I am advising an employee who has been offered this contract. Please identify where their statutory rights are being restricted"
- "Due diligence on a startup acquisition — please review the founder employment agreements for any red flags"
Why legal-specific AI matters here
Swiss employment law requires specific expertise. A non-compete clause that would be perfectly valid in Germany may be unenforceable in Switzerland if it does not comply with OR Art. 340's strict requirements for duration, geographic scope, and adequacy of consideration. An IP assignment clause drafted after English law precedents may fail to capture rights under Swiss copyright law. Whisperit's Employment Review skill is grounded in Swiss employment law and current Federal Tribunal jurisprudence, producing analysis that reflects Swiss legal reality rather than general employment law principles.