27 January 2026

The Written Form in Swiss Employment Law – A Practical Guide for 2026

  • Articles
  • Legal
  • Employment / Immigration

The law is old, the technological developments are new. What rules apply when the formal requirement of 'written form' meets state-of-the-art communication technologies? What do you need to watch out for, particularly in employment law?

  • Martina Aepli

    Legal Partner

  • Astrid Lienhart

    Legal Partner

  • Michèle Stutz

    Legal Partner

The law is lagging behind modern digital realities – this becomes particularly clear when it comes to the question of "written form." Is a document legally signed if an assistant places a pre-saved image of your signature under a new employment contract or a notice of termination? Here is a practical guide based on the latest developments in case law.

Watch Out for the Trap: When "In Writing" Doesn't Mean "By E-mail"

In modern working life, we are used to sending documents by e-mail, scanning signatures and placing them on any number of documents, or using services like DocuSign. However, the Swiss Code of Obligations – and with it the legal provisions on "written form" – dates back to a time when ink and paper were the measure of all things. This leads to a dangerous gap: What we perceive as "written" in everyday business – namely the presentation of content or a statement in text form – often does not meet the strict legal requirements for "written form."

What Does "Written Form" Actually Mean?

When the law or a contract requires "written form," strict rules apply. In the legal sense, "written form" does not just mean presenting content in text. It specifically requires a handwritten signature on a permanent medium (paper). Essentially, there are only two ways to fulfil this securely:

The Classic Method 

Handwritten signature (with a pen) on a piece of paper (original).

Die  The Digital Method 

Qualified Electronic Signature (QES). Only this is legally equivalent to a handwritten signature.

Important: Declarations or agreements that by law require the written form must meet the criteria mentioned above in order to be legally binding.

Where the Formal Trap Lurks in Employment Law

Not every employment contract must be concluded in writing – theoretically, you can hire someone with a handshake. But be careful: a large number of single clauses in employment agreements are only valid if agreed upon in the correct written form.

Critical clauses that require a written agreement include (but are not limited to):

  • Non-compete clauses applicable after the employment ends
  • Changes to overtime compensation (e.g., agreeing that overtime will not be paid or compensated)
  • Adjustments to the probation period (e.g., extending it)
  • Notice periods that deviate from the standard legal provisions

If you only send an e-mail or use DocuSign, AdobeSign, or a scanned signature instead of a QES or a handwritten signature when signing contracts containing such modified clauses, these clauses are likely invalid in the event of a dispute.

The Latest Case Law: A Wake-Up Call

Over the last ten years, the Zurich Labour Court in particular had issued several judgments in which the written form requirement was considered fulfilled even though only scanned (original) documents were sent to the counterparty as e-mail attachments (or even via WhatsApp).

However, recent court decisions, including those from the Federal Supreme Court, have tightened the screws and are questioning this practice. In the words of the Federal Supreme Court, the old rules of the Code of Obligations (and the somewhat newer ones regarding QES) still apply. The legislator equated the Qualified Electronic Signature (QES) with the handwritten signature in Article 14 para. 2bis CO. The court assumes that the legislator has thus taken sufficient account of the development of modern communication, even if the QES has not yet found widespread use. Considering that this judgment was delivered in early October 2025, it must be assumed that it covers all types of modern communication we know and use frequently.

In this spirit, a tenant's termination of a lease agreement via fax (a type of "remote copy") was classified as formally invalid. A declaration of assignment before a cantonal high court suffered the same fate for very similar reasons; it had been signed using a pasted image of a signature. The high court found that if a scanned reproduction of a signature were sufficient to meet the written form requirement, the legal requirement that only a Qualified Electronic Signature suffices in electronic dealings would become obsolete and that this would obviously contradict the spirit and purpose of the law.

What Does This Mean for Employment Law Practice?

Any form of technical reproduction of a signature – whether by fax, scan, insertion of a saved signature image into an electronic document, or use of other signature types such as DocuSign (which do not meet all the required characteristics of QES) – is not considered "written form" in the strict, legal sense confirmed by the Federal Supreme Court – with all the corresponding, often negative legal consequences: invalidity of contracts or individual clauses, invalidity of declarations such as terminations.

The judges' conclusion: The legislator has created a digital path with the Qualified Electronic Signature that meets the requirements of modern communication. Those who do not use this method must stick with paper for legally binding documents. Interim solutions like scans carry significant risks.

What Does This Mean Specifically for Terminations?

Does your employment contract state that termination must be done "in writing"? If yes: The risk is high that a termination sent by e-mail, WhatsApp, SMS, or by mail with a scanned notice of termination attached will be deemed invalid by a court in the event of a dispute. Only if you send the hand-signed original by post (registered mail, or courier) will you be issuing a valid termination. Note that the termination only becomes legally effective upon receipt of the physical copy by the other party. The time of receipt of any prior electronic communication is not decisive.

Exception: You have explicitly agreed in the contract that, for example, e-mail shall be considered "in writing" (a so-called "agreed form"). Without this addition, the strict legal rules apply automatically. This is possible to the extent that the law does not establish binding formal requirements for the procedure. A prominent example is termination, which according to the law does not have to be done in writing but can also be done orally, for example.

Recommendations for Practice

To be on the safe side, you should follow these rules:

  1. Don't take risks with terminations:

    Always terminate with an original signature on paper (or with QES). Hand over the letter in person (with proof of receipt) or send it by registered mail or courier (also with proof of receipt). A preliminary scan by e-mail may serve as (prior) information but, according to the latest Federal Supreme Court case law, does not replace the original

  2. Sign employment contracts correctly:

    Use either ink on paper or QES when signing contracts with clauses that require written form. Particularly as an employer, reject insufficiently signed employment contracts by employees and insist on them signing by hand (or QES)

  3. Review contract clauses:

    If you want to simplify processes, you can explicitly provide in the employment contract that e-mails are considered “written” for certain communications. But be careful: Such a clause cannot override legally mandatory formal requirements (such as those for the agreement of non-compete clauses).

Bottom Line

When in doubt, reach for a pen. Digital convenience can lead to unpleasant surprises in employment law.

If you have any remaining questions, please contact us. Our employment law team is happy to advise you in all aspects of Swiss labor law! Please get in touch!
Back