In Swiss employment law, the termination of an open-ended employment contract is as a rule subject to compliance with a statutory or agreed notice period.
This notice period varies according to the employee’s length of service, his status at the time notice is given and the specific agreements made between the parties.
The statutory notice periods according to the duration of the employment relationship
The legislature sets a default framework that applies automatically where the individual employment contract does not provide for another written term:
- During the probation period: The first month of work is deemed by law to be the probation period; during this period, either party may terminate the contract at any time subject to a notice period of seven clear days, without waiting for the end of a month.
- After the probation period: Notice may be given for the end of a calendar month, subject to one month’s notice during the first year of service, two months’ notice from the second to the ninth year of service, and then three months’ notice from the tenth year of service.
Contractual adjustments and mandatory rules
Although the parties have a certain margin of manoeuvre, the setting of notice periods remains strictly framed by protective safeguards:
- Amendment by agreement or collective contract: The statutory periods may be amended in writing, by a standard employment contract or by a collective employment contract; however, during the first year, periods of less than one month may be agreed only by collective employment contract, and the probation period may in no case exceed three months in total.
- The principle of parity and calculation of the term: The notice periods must be strictly identical for the employer and the employee; if an agreement provides for different durations, the longer period applies automatically to both parties, the notice running from receipt of the notice of termination until the term fixed.
This scheme does not cover termination with immediate effect, which requires good cause. In the event of incapacity, the protection period in the event of illness suspends the running of the notice. The framework for use by an individual is that of legal AI for individuals.
Legal sources
Federal legislation:
- Art. 335a CO (principle of parity and equality of notice periods for both parties)
- Art. 335b CO (seven-day notice period and three-month maximum duration for the probationary period)
- Art. 335c CO (standard statutory notice periods of one, two, or three months, effective at the end of a month)
Federal case law:
- BGE 131 III 467 (start date for calculating the period from receipt of notice, and reduction of a probationary period agreed upon beyond the statutory maximum)
- BGE 136 III 96 (validity of contractually reducing or waiving the seven-day notice period during the probationary period)