Introduction
Whether an Uber driver is an entrepreneur or an employee affects
a variety of legislative areas. If Swiss employment laws apply, the
employee has a basic right to perform the agreed-upon work and the
employer must accept such work and pay for it (known as the
'mutuality of obligations test'). Specific termination
notice periods must be observed, holidays must be granted and
salary compensation entitlements exist in cases of illness or
accident.
Public labour laws apply, including staff brokerage and leasing
legislation, as well as the Sunday work ban, compulsory provisions
on daily and evening work and mandatory rest periods. Gross salary
is subject to deductions for various social security insurances
covering the risks of age, invalidity, death or unemployment, while
similar deductions take place under the mandatory pension fund
schemes. Employees are mandatorily insured against the financial
risks of accident. Public transportation laws apply to the
