100+ Free Fachanwalt SAV Arbeitsrecht Practice Questions

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Sample Fachanwalt SAV Arbeitsrecht Practice Questions

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1An IT specialist is engaged under a contract labeled 'Consultancy Mandate' (Beratungsauftrag). The specialist is required to work fixed hours from 08:30 to 17:30 at the client company's premises, uses company hardware, reports daily to the head of IT, and must strictly follow internal project management instructions. Which legal relationship exists between the parties under Swiss law?

A.An individual employment contract (Einzelarbeitsvertrag pursuant to Art. 319 OR), because the relationship is characterized by personal, organisational, and operational subordination

B.A simple agency mandate (einfacher Auftrag pursuant to Art. 394 OR), because the parties expressly chose this designation in exercise of freedom of contract

C.A contract for work (Werkvertrag pursuant to Art. 363 OR), because IT services always aim at producing a defined digital work result

D.An innominate contract (Innominatvertrag) governed exclusively by general contract principles of Art. 1 ff. OR

Explanation: Under Art. 319 OR and constant Federal Supreme Court case law, the legal qualification of a contract depends on its objective economic and legal nature rather than the label given by the parties (falsa demonstratio non nocet). The decisive criterion distinguishing an employment contract from a mandate (Art. 394 OR) is the employee's personal, organisational, temporal, and hierarchical subordination (Subordinationsverhältnis) and the employer's right of direction (Weisungsrecht).

2What is the primary doctrinal distinction between an individual employment contract (Art. 319 OR) and a contract for work (Werkvertrag, Art. 363 OR)?

A.An employment contract requires public notarization, whereas a Werkvertrag can be concluded informally

B.In an employment contract, the worker owes careful provision of labor over time within the employer's organization, whereas in a Werkvertrag, the contractor owes a specific, guaranteed work result (Erfolg)

C.In a Werkvertrag, the contractor is always entitled to mandatory wage continuation during illness under Art. 324a OR

D.An employment contract cannot be terminated ordinary without justified cause, whereas a Werkvertrag is terminable at will without financial consequences

Explanation: Under Art. 319 OR, the employee owes the provision of work for a certain time in the employer's service (Tätigwerden auf Zeit) without guaranteeing a specific outcome. In contrast, under Art. 363 OR, the contractor undertakes to produce and deliver a specific, tangible or intangible finished work result (Herstellung eines Werkes / Arbeitserfolg).

3A graduate begins working at an architectural firm on a complex project with the explicit knowledge and daily supervision of the managing partner, although no written employment agreement was signed and remuneration was never discussed. How is this situation assessed under Art. 320 Abs. 2 OR?

A.No contract exists because consensus on essentialia negotii (salary) was not reached under Art. 1 OR

B.The relationship is deemed an unpaid internship until the parties execute a formal written agreement

C.An employment contract is deemed concluded tacitly (konkludent), and the employer is obligated to pay customary remuneration

D.The graduate is entitled only to unjust enrichment claims (Bereicherungsanspruch Art. 62 OR) without employee protection rights

Explanation: Pursuant to Art. 320 Abs. 2 OR, a contract of employment is deemed to have been concluded if the employer accepts the performance of work in his service which under the circumstances can only be expected in return for remuneration. Under Art. 322 Abs. 1 OR, the employee is entitled to the customary remuneration (üblicher Lohn) for that sector and region.

4During a hiring interview for a standard administrative office position, the interviewer asks a female candidate whether she is currently pregnant or plans to start a family within the next two years. What are the candidate's legal rights under Swiss labor law?

A.The candidate must answer truthfully because pre-contractual duty of good faith (culpa in contrahendo) requires complete disclosure

B.The employer is entitled to contest the contract for willful deception (Art. 28 OR) if the candidate denies pregnancy and gives birth 5 months later

C.The question is legally permissible provided the employment contract contains an agreed probationary period of 3 months

D.The question is unlawful because it infringes personality rights (Art. 328 OR, Art. 3 GlG); the candidate possesses the right to lie (Notwehrrecht der Lüge) without risking subsequent contract voidance

Explanation: Under Art. 328 OR, Art. 328b OR, and the Gender Equality Act (GlG Art. 3), the employer's right to ask questions (Fragerecht) is strictly limited to matters directly relevant to the performance of the job. In standard employment, inquiries regarding pregnancy or family planning are impermissible, and the applicant is entitled to answer untruthfully (Notwehrrecht der Lüge) without committing willful deceit under Art. 28 OR.

5Under Art. 321a Abs. 1 OR, what legal standard determines whether an employee has fulfilled their statutory duty of care and loyalty (Sorgfalts- und Treuepflicht)?

A.An absolute objective standard of the bonus pater familias without regard to individual education or experience

B.An individualized objective standard taking into account the employee's professional knowledge, capabilities, operational risk, and the nature of the work (Art. 321e Abs. 2 OR)

C.A purely subjective standard evaluated solely according to the employee's personal best intentions

D.The liability standards established under the general law of torts (Art. 41 OR) requiring proof of criminal recklessness

Explanation: Pursuant to Art. 321a Abs. 1 OR in conjunction with Art. 321e Abs. 2 OR, the measure of care for which the employee is liable is determined by the individual employment relationship, taking into account the professional risk involved, the level of training, and the technical knowledge required for the work, as well as the employee's specific capabilities and traits known to the employer.

6A senior software engineer employed 100% at a Swiss fintech company starts developing a competing algorithmic trading platform on weekends for a direct market competitor. The employment agreement is silent regarding secondary employment. Has the employee breached statutory obligations?

A.No, because secondary employment during off-hours is protected under freedom of economic activity (Art. 27 BV) unless expressly prohibited in writing

B.No, provided the employee does not use the employer's source code or office equipment

C.Yes, because during the existence of the employment relationship, the employee is strictly prohibited from performing competitive work for third parties (Art. 321a Abs. 3 OR)

D.Yes, but only if the employer suffered a measurable drop in gross quarterly revenues directly caused by the platform

Explanation: Under Art. 321a Abs. 3 OR, for the duration of the employment relationship, the employee must not perform any paid work for third parties to the extent that it breaches the duty of loyalty, and in particular must not engage in work that competes with the employer (absolutes Konkurrenzverbot während des Arbeitsverhältnisses). This statutory duty applies automatically without requiring express contractual stipulation.

7An employee discovers systematic environmental regulatory violations within their company. Under established Federal Supreme Court case law regarding whistleblowing, what cascade of reporting steps must the employee follow to avoid breaching the duty of loyalty (Art. 321a OR)?

A.Immediate disclosure to national media outlets to ensure public transparency and whistleblowing protection

B.Direct filing of a criminal complaint with the cantonal prosecutor without informing the employer in any circumstance

C.Reporting to the employee's trade union, which possesses the exclusive legal right to decide whether to inform external parties

D.1) Internal reporting to employer management; 2) Reporting to competent supervisory public authorities if the employer fails to act; 3) Going to the media/public only as an ultima ratio in cases of severe public danger and authority inaction

Explanation: According to established Federal Supreme Court jurisprudence (e.g. BGE 127 III 310), whistleblowing is subject to a strict 3-stage cascade: First, the employee must report the irregularity internally to the employer (internes Whistleblowing). Only if the employer fails to remediate within reasonable time or in cases of clear futility may the employee alert competent public authorities. Going public/to the media is permissible only as a strict ultima ratio under extraordinary circumstances.

8A procurement manager accepts secret rebate payments (kickbacks / Retrozessionen) from a supplier into a private offshore bank account in connection with corporate purchasing contracts. Under Art. 321b Abs. 1 OR, what is the legal status of these funds?

A.The manager is obligated to account for and immediately surrender all received third-party payments to the employer

B.The funds belong to the manager as personal performance bonuses unless the employment contract contains an explicit surrender clause

C.The employer may only claim 50% of the funds under the statutory rules of shared business opportunities

D.The funds become property of the Swiss Federal Treasury under statutory asset forfeiture rules

Explanation: Under Art. 321b Abs. 1 OR, the employee must account to the employer for everything received from third parties in the performance of contractual work (including kickbacks, secret commissions, and rebates) and immediately hand it over to the employer. Retaining such payments constitutes both a contractual breach and potentially criminal unfaithful management (Art. 158 StGB).

9A research chemist employed specifically to invent new pharmaceutical compounds creates a blockbuster patentable molecule during regular working hours using company laboratories. Who owns the invention, and is the chemist entitled to special financial compensation under Art. 332 OR?

A.The invention belongs to the chemist until the employer exercises a contractual purchase option and pays fair market compensation

B.The invention belongs directly and automatically to the employer as a service invention (Diensterfindung, Art. 332 Abs. 1 OR), and no special compensation is owed beyond regular contractual salary

C.The chemist and employer become statutory co-owners of the patent under Art. 332 Abs. 2 OR

D.The chemist is entitled by mandatory law to a statutory royalty of 5% of gross worldwide sales

Explanation: Under Art. 332 Abs. 1 OR, inventions and designs produced by an employee in the performance of contractual duties (Diensterfindungen im engeren Sinn) belong automatically to the employer (ipso jure originärer Rechtserwerb). Because developing inventions is the core contractual duty for which the salary is paid, no separate or special compensation is owed.

10Under Art. 17 of the Swiss Copyright Act (URG, SR 231.1), what happens to copyright and exploitation rights when an employee creates computer software in the performance of their contractual duties?

A.Moral rights and economic exploitation rights remain exclusively with the employee programmer unless assigned in writing

B.The employer obtains a non-exclusive license for 2 years, after which rights revert to the employee

C.The exclusive rights of use and commercial exploitation transfer automatically to the employer by operation of law

D.The employee retains copyright and is entitled to statutory mandatory royalties collected by Swiss copyright societies

Explanation: Pursuant to Art. 17 URG (Federal Act on Copyright and Related Rights), where computer programs are created by an employee in the course of professional activities and in the performance of contractual obligations, the employer alone is entitled to exercise the exclusive rights of use and commercial exploitation (gesetzlicher Rechtsübergang).

About the Fachanwalt SAV Arbeitsrecht Exam

The Fachanwalt SAV Arbeitsrecht (Avocat spécialiste FSA droit du travail / Avvocato specialista FSA diritto del lavoro) is the premier specialist credential for practicing employment and labor attorneys in Switzerland, conferred by the Swiss Bar Association (Schweizerischer Anwaltsverband SAV / FSA). Governed by the SAV Fachanwaltsreglement (FAR) and the specific regulatory guidelines (FAB Arbeitsrecht), this certification verifies expert-level proficiency across individual employment contract law (Code of Obligations OR Art. 319–362), public protective labor law (Federal Labor Act ArG & Ordinances ArGV 1–5), equality legislation (Gender Equality Act GlG), collective labor relations (Collective Employment Agreements GAV, Standard Employment Contracts NAV, industrial peace, employee representation under the MWG), enterprise transfers and mass redundancies (OR Art. 333/335d–k), post-contractual non-compete covenants (OR Art. 340–340c), procedural labor litigation (Swiss Civil Procedure Code ZPO Art. 243/247, free litigation thresholds under Art. 114 ZPO, conciliation), and cross-cutting social insurance coordination (UVG, BVG, ALV, KTG). NOTE: This 100-question practice bank is an English-language study adaptation designed for rigorous specialist exam preparation, preserving precise Swiss statutory articles and Federal Supreme Court (BGE) doctrines.

Assessment

Performance-based assessment

Time Limit

3 to 5 hours (written specialist examination) + 30 to 60 min (oral colloquium)

Passing Score

Pass (Min. 60% on written exam + approved case portfolio & oral colloquium defense)

Exam Fee

CHF 1,800 (Title evaluation & colloquium fee; accredited course CHF 13,500 to CHF 15,000 depending on the course edition) (Schweizerischer Anwaltsverband (SAV / FSA - Swiss Bar Association))

Fachanwalt SAV Arbeitsrecht Exam Content Outline

20%

Individual Employment Formation & General Duties

Comprehensive legal analysis of employment contract conclusion, legal characterization, subordination criteria, employee and employer duties, and operational liability under Swiss law. Key topics include distinguishing the individual employment contract (Einzelarbeitsvertrag OR Art. 319) from mandate/agency (Auftrag OR Art. 394) and contract for work (Werkvertrag OR Art. 363) based on personal subordination (Subordinationsverhältnis), operational integration, and instructions; form-free contract conclusion and tacit agreements (OR Art. 320); employee duty of care and loyalty (Sorgfalts- und Treuepflicht OR Art. 321a), prohibitions on competitive secondary employment (Nebenerwerb) and moonlighting (Schwarzarbeit); accounting and surrender obligations (Rechenschafts- und Herausgabepflicht OR Art. 321b); employee inventions, industrial designs, and computer software rights (OR Art. 321c/d and Art. 332); employer right of direction (Weisungsrecht OR Art. 321d); and employee contractual liability (OR Art. 321e) evaluated according to degree of fault (intent, gross/light negligence), professional risk (Betriebsrisiko), and damage reduction principles.

20%

Remuneration, Working Hours & Public Labor Law

In-depth examination of statutory and contractual wage provisions, variable compensation structures, wage continuation during personal incapacity, and public protective working time rules. Core areas include wage determination, 13th-month salary entitlement and pro-rata rules, legal distinction between discretionary gratifications (Gratifikation OR Art. 322d) and mandatory variable compensation / real bonuses (echter Bonus vs unechter Bonus) based on BGE criteria (accessoriness / Akzessorietät, reservation of voluntariness, very high income / 5x median wage threshold); commission (Provision OR Art. 322b/c) and share in business results; employer default of acceptance (Annahmeverzug OR Art. 324); statutory wage continuation during illness, accident, or statutory duty (OR Art. 324a, Bernese, Zurich, and Basel scales) and private/collective insurance replacement (OR Art. 324b / KTG daily allowances); public labor law under the Federal Labor Act (Arbeitsgesetz ArG, SR 822.11) and Ordinances (ArGV 1–5), maximum weekly working hours (45h vs 50h, Art. 9 ArG), legal distinction between contractual overtime (Überstunden OR Art. 321c) and statutory overtime (Überzeit ArG Art. 12), mandatory compensation rules and written waiver limits; rest breaks (ArG Art. 15), daily rest periods (ArG Art. 15a), night work (ArG Art. 16/17), Sunday work (ArG Art. 18–20), and personal health protection (ArG Art. 6 / OR Art. 328).

25%

Termination, Notice Periods & Abusive Dismissal

Comprehensive analysis of individual employment termination, statutory notice periods, dismissal protection doctrines, and extraordinary immediate dismissal. Focus includes fixed-term contracts (OR Art. 334) and prohibition of abusive chain contracts (Kettenarbeitsverträge); probationary period dynamics (OR Art. 335b, maximum 3 months, 7-day notice, extension for illness/accident); ordinary statutory and contractual notice periods (OR Art. 335c); termination notice receipt principles (Empfangstheorie) and end-of-month computation; abusive dismissal doctrine (Missbräuchliche Kündigung OR Art. 336: personal traits, constitutional rights, retaliation / Rachekündigung, trade union activity, thwarting claims), legal validity of abusive termination, statutory penalty of up to 6 months' gross salary (OR Art. 336a), and strict procedural deadlines (written objection before expiry of notice period + court action within 180 days after termination); dismissal during protected periods / Sperrfristen (OR Art. 336c: military/civil defense, illness/accident scales of 30/90/180 days, pregnancy and 16 weeks post-birth, nullity vs suspension and postponement to month-end); extraordinary summary dismissal for cause (Fristlose Kündigung aus wichtigem Grund OR Art. 337), objective breakdown of mutual trust, requirement of prior written warning (Abmahnung) vs severe single breach, immediate declaration within 2–3 working days; consequences of unjustified summary dismissal (OR Art. 337c: full damage compensation until regular notice expiry minus substitute income/savings + penalty up to 6 months' salary); employee unjustified abandonment of post (OR Art. 337d, 1/4 monthly salary penalty); and statutory severance pay (Abgangsentschädigung OR Art. 339b) and 2nd-pillar BVG pension deduction rules.

15%

Non-Compete Clauses, Business Transfer & Special Contracts

Advanced doctrine and litigation strategies concerning post-contractual non-compete agreements, enterprise restructuring, mass layoffs, and special employment forms. Core subjects cover post-contractual non-compete covenants (OR Art. 340–340c): validity requirements (written form, legal capacity, insight into customer base or trade/manufacturing secrets, causation of substantial damage, exclusion for liberal professions / freelance client relationships); statutory limitation boundaries (place, duration max 3 years / typically max 1 year, subject matter) and judicial moderation (OR Art. 340a Abs. 2); enforcement mechanisms: damages, contractual penalty (Konventionalstrafe OR Art. 340b), and real specific performance (Realexekution); extinction of non-compete (lapse of employer interest, unjustified termination by employer or justified termination by employee OR Art. 340c); transfer of business enterprise / Betriebsübergang (OR Art. 333/333a), automatic transfer of employment relationships with all accrued rights and duties, employee objection rights (Ablehnungsrecht) and statutory termination consequences, information and consultation duties with employee representatives, joint and several liability of transferor and transferee; mass dismissal regulations (Massenentlassung OR Art. 335d–g: employee consultation, cantonal labor office notification, blocking period) and mandatory social plan obligations (Sozialplanpflicht OR Art. 335h–k) for enterprises with >=250 employees laying off >=30 workers; and apprenticeship contracts (Lehrvertrag OR Art. 344–346a, cantonal approval, special termination).

20%

Collective Labor Law, Gender Equality & Litigation

Comprehensive mastery of collective bargaining agreements, anti-discrimination and equal pay legislation, procedural labor litigation, and social insurance coordination. Key topics include Collective Employment Agreements (Gesamtarbeitsvertrag GAV OR Art. 356–358): normative provisions (direct mandatory effect on individual employment OR Art. 357) vs obligatory provisions (peace obligation / Friedenspflicht: relative vs absolute), declaring GAV generally binding (Allgemeinverbindlicherklärung AVE), and Standard Employment Contracts (Normalarbeitsvertrag NAV OR Art. 359–360f); Gender Equality Act (Gleichstellungsgesetz GlG, SR 151.1): direct/indirect discrimination, sexual harassment (GlG Art. 4, employer liability Art. 5 Abs. 3), equal pay mandates (BV Art. 8 Abs. 3, GlG Art. 3, Logib analysis for employers with >=100 employees Art. 13a GlG), alleviation of the burden of proof (Beweislasterleichterung GlG Art. 6: prima facie plausibility shifting proof to employer), and special protection against dismissal during equality proceedings (Rachekündigungsschutz GlG Art. 10, reinstatement vs compensation); labor litigation under the Swiss Civil Procedure Code (Zivilprozessordnung ZPO, SR 272): conciliation procedure (Schlichtungsverfahren ZPO Art. 197 ff.), simplified procedure (Vereinfachtes Verfahren ZPO Art. 243 up to CHF 30,000 and regardless of value for GlG/MWG claims), social investigation maxim (soziale Untersuchungsmaxime ZPO Art. 247 Abs. 2), free litigation up to CHF 30,000 (Kostenlosigkeit ZPO Art. 114 lit. c); and social insurance coordination: statutory accident insurance (UVG), occupational pensions (BVG), unemployment insurance (ALV suspension days for self-inflicted dismissal), and daily sickness benefit insurance (KTG under VVG/KVG).

How to Pass the Fachanwalt SAV Arbeitsrecht Exam

What You Need to Know

Passing score: Pass (Min. 60% on written exam + approved case portfolio & oral colloquium defense)
Assessment: Performance-based assessment
Time limit: 3 to 5 hours (written specialist examination) + 30 to 60 min (oral colloquium)
Exam fee: CHF 1,800 (Title evaluation & colloquium fee; accredited course CHF 13,500 to CHF 15,000 depending on the course edition)

Keys to Passing

Work through all 100 available questions
Review every answer and explanation
Track weak areas and revisit them
Use our AI tutor for tough concepts

Fachanwalt SAV Arbeitsrecht Study Tips from Top Performers

1Master BGE Bonus & Gratification Case Law: Distinguish between genuine discretionary gratifications (Gratifikation OR 322d) with clear reservation of voluntariness and mandatory variable wages (variabler Lohnbestandteil). Memorize the accessoriness test (Akzessorietätskriterium) and the 5x median salary threshold for very high income (sehr hohes Einkommen).

2Memorize Sperrfristen & Notice Calculations (OR 336c): Practice exact day-count calculations for incapacity protection (30 days in 1st year, 90 days in years 2-5, 180 days from year 6). Understand that notice given during a Sperrfrist is void (nichtig), whereas notice given prior to an incapacity is suspended (sistiert) and extends to the next contractual end-of-month.

3Understand the Strict Dual Deadlines for Abusive Dismissal (OR 336/336a): Drill the absolute necessity of a written objection (Einsprache) prior to the expiration of the notice period and the subsequent 180-day limitation period to commence legal action after employment ends.

4Differentiate Overtime under OR 321c vs Overtime under ArG 12: Know that contractual overtime (Überstunden) covers hours above the contract up to 45/50 hours and can be waived in writing, whereas statutory overtime (Überzeit) covers hours beyond the 45/50 hour weekly statutory limit and requires mandatory 25% pay compensation for non-office staff.

5Analyze Post-Contractual Non-Compete Clauses (OR 340-340c): Remember that non-competes are void where the employee provides personal services based on individual trust (doctors, lawyers, architects) and extinguish automatically if the employer terminates without justified cause or if the employee terminates for cause attributable to the employer.

Frequently Asked Questions

What is the Fachanwalt SAV Arbeitsrecht (Avocat spécialiste FSA droit du travail) title?

The Fachanwalt SAV Arbeitsrecht is the official postgraduate specialist attorney credential conferred by the Swiss Bar Association (Schweizerischer Anwaltsverband SAV / FSA). It certifies supreme professional competence, extensive practical litigation experience, and specialized theoretical mastery in individual, collective, public, and procedural Swiss employment law.

What are the core eligibility requirements and training pathway?

Candidates must be admitted Swiss attorneys (Anwaltspatent / Brevet d'avocat) registered with a cantonal supervisory bar registry under the BGFA, demonstrate at least 5 years of active legal practice post-admission (with at least 3 years dedicated primarily to employment law), submit a verified logbook of at least 120 specialized employment cases, complete a 120-hour accredited postgraduate specialist course, and pass both a written specialist examination of 3 to 5 hours and an oral Fachgespräch colloquium before the SAV Fachkommission Arbeitsrecht.

What is the fee structure for obtaining the specialist title?

The official SAV evaluation and examination fee is CHF 1,800 (covering portfolio evaluation, written exam oversight, and the oral colloquium). In addition, tuition for the accredited academic postgraduate specialist course (jointly organized by universities and the SAV) typically ranges between CHF 13,500 and CHF 14,500.

Why is this practice question bank presented in English?

This 100-question practice bank is an English-language specialist study adaptation created to enable comprehensive self-assessment, structured learning, and cross-cantonal study. It strictly reflects the official Swiss Bar Association syllabus and Swiss statutory frameworks (OR, ArG, GlG, ZPO, UVG, BVG) while faithfully preserving authentic German and French legal terminology, statutory article references, and Federal Supreme Court (BGE) doctrines.

How are variable compensation and bonuses qualified under Swiss Federal Supreme Court case law?

Under established BGE jurisprudence, a variable payment is qualified either as mandatory variable wage (unechter Bonus / variabler Lohn) or as a discretionary gratification (echter Bonus / Gratifikation OR Art. 322d). A payment is a mandatory wage component if an entitlement was contractually agreed or if the payment lacks 'accessoriness' (Akzessorietät), meaning it represents a substantial or dominant portion of the employee's total compensation, unless the employee's total income qualifies as 'very high' (defined as exceeding five times the Swiss median gross salary, approx. CHF 390,000+).

What are the strict procedural requirements for contesting an abusive dismissal under OR Art. 336/336a?

To preserve a claim for punitive compensation under OR Art. 336a (up to 6 months' gross salary), the employee must: 1) submit a formal written objection (schriftliche Einsprache) to the employer before the contractual notice period expires, and 2) if no amicable agreement is reached, file a formal lawsuit in court within 180 days following the legal termination of the employment relationship. Failure to comply with either deadline leads to total forfeiture of the compensation claim.

100+ Free Fachanwalt SAV Arbeitsrecht Practice Questions

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