Notice Peri­ods for Employ­ment Con­tracts in Switzerland

Under Art. 335c of the Swiss Code of Obligations (CO; OR in German), notice periods in Switzerland increase with length of service: 1 month in the first year of service, 2 months from the second to the ninth year, and 3 months from the tenth year onward, in each case to the end of a calendar month. During the probationary period (3 months at most), the notice period is 7 calendar days. Different periods can be agreed by contract, but they must be the same length for employer and employee. Protected periods (Sperrfristen) under Art. 336c CO apply in the event of illness, accident, pregnancy, or military service.

A termination is rarely a routine matter, whether you are the employee or the employer. Anyone who wants to end an employment relationship correctly in Switzerland needs a firm grasp of notice periods, termination dates, formal requirements, and special cases such as illness or pregnancy. This guide summarizes the legal position in 2026, walks through worked examples, provides a template letter, and explains what is different in staff leasing and temporary work.

By law, the probationary period lasts one month, but it can be extended to a maximum of three months in the employment contract, a collective bargaining agreement (GAV), or a standard employment contract (NAV) (Art. 335b CO). If the probationary period is effectively cut short by illness, accident, or the fulfillment of a legal obligation not taken on voluntarily, it is extended accordingly and can therefore last longer than three months. During the probationary period, the notice period is 7 calendar days, not working days. Notice can be given on any day, and the end date does not have to fall at the end of a week or a month.

Example: probation
You receive notice on Tuesday, June 16. Notice period: 7 calendar days. The employment relationship ends on Tuesday, June 23. Your actual last working day may differ. It makes no difference whether a weekend falls in between.

The protected periods for illness, accident, or pregnancy do not apply during probation. Anyone who falls ill during the probationary period can therefore be given notice. Staff leasing (temporary work) has its own rule: in the first three months, the notice period is only 2 working days.

Notice of termination is a declaration that has to reach the other party. It only takes legal effect once the recipient has received it, not when it is sent. The postmark does not count. What matters is the day on which the recipient actually receives the notice (for registered mail, the first day on which it can be collected from the post office). You can find more on this in the SECO FAQ on termination (in German).

Example A – Resigning in the first year of service
You hand in your notice on June 13, 2026.
Notice period: 1 month to the end of the month.
→ Last working day: July 31, 2026.

Example B – Late delivery can be costly
You drop your notice into your employer’s mailbox at 7:30 p.m. on May 31. As nobody is left in the office, it is not deemed delivered until June 1. With a 2-month notice period, the employment relationship now ends on August 31 instead of July 31.
→ One day late = one month longer.

Practical tip
Either hand over your notice in person against a signature or send it by registered mail several days before the end of the month. That way, you have proof of delivery.

The Code of Obligations protects employees from termination in certain life situations. During these protected periods, the employer is not allowed to give notice (Art. 336c CO). If notice is given anyway, it is void. If notice was given before the protected period began, the notice period is suspended for the duration of the protected period and resumes afterward.

Protected periods for illness and accident through no fault of the employee (Art. 336c para. 1 let. b CO)

1st year of service: 30 days
2nd to 5th year of service: 90 days
From the 6th year of service: 180 days

Other protected periods

• Pregnancy and the 16 weeks after the birth
• Swiss military service, civil protection service, or civilian service (during the service and, if it lasts more than 11 days, for the 4 weeks before and after)
• Taking part in an aid operation abroad ordered by the authorities

Important: Employees may still resign during a protected period. The protection only applies to notice given by the employer.

Termination with immediate effect (Art. 337 CO) ends the employment relationship at once, without any notice period. It is only permitted for “good cause”: conduct that means the party giving notice cannot in good faith be expected to continue the employment relationship. Notice must also be given without delay, which in practice means within 2 to 3 working days of learning of the reason. For details, see the SECO FAQ on termination with immediate effect (in German).

Typical grounds for termination with immediate effect

• Theft, fraud, or a serious breach of trust
• Persistent refusal to work despite a warning
• Physical assault, serious insults, or sexual harassment
• Repeated and serious breaches of the duty of care
• Unpaid salary over several months (grounds for the employee to terminate with immediate effect)

Unjustified termination with immediate effect can be costly: the employee is entitled to what they would have earned up to the regular end of the contract, plus compensation of up to six months’ salary (Art. 337c CO). Be aware: anyone dismissed with immediate effect also risks a suspension of unemployment insurance benefits (Einstelltage).

In principle, Switzerland applies freedom of termination: either party may end the employment relationship at any time, provided the notice period is observed. Reasons only have to be given in writing on request (Art. 335 para. 2 CO). There are, however, two important limits:

• Protected periods (Art. 336c CO) – see the section above.
• Wrongful termination (Art. 336 CO) – for example on grounds of age, gender, religion, or union membership, or because the employee asserted claims under the employment contract or blew the whistle.

Anyone who believes their termination is wrongful must object in writing before the notice period expires and file a claim within 180 days of the end of the contract. Compensation is capped at six months’ salary (Art. 336a CO).

The myth of “protection against dismissal from age 50”
Switzerland has no automatic protection against dismissal for older employees. In several rulings, however, the Federal Supreme Court has held that employers owe a heightened duty of care to older employees with many years of service. Before giving notice, this can include hearing the employee, offering a chance to improve, and looking for alternatives within the company.

In principle, notice can be given verbally. In practice, giving it in writing is strongly recommended, and many employment contracts require it. That way, you secure proof and a date. You only have to give reasons on request.

Checklist before you send

• Correct date and addressee (HR department or line manager, as specified in the contract)
• Double-check the calculation: years of service, notice period, end of month
• Handwritten signature
• Send by registered mail or hand over in person against confirmation of receipt
• A copy for your own records

A termination agreement (Aufhebungsvertrag) ends the employment relationship by mutual consent, without the regular notice periods and without protected periods. However, an agreement of this kind must rest on a genuine balancing of both parties’ interests and must not circumvent mandatory protective provisions to one party’s disadvantage. It is commonly used for amicable separations, restructurings, or a move to a new job with a different start date.

What a termination agreement should cover

• Leaving date and last working day
• Garden leave (paid / unpaid) and offsetting of remaining vacation days
• Final payment, bonus, overtime, commissions
• Non-compete clause, confidentiality, return of company property
• Reference letter (ideally with a draft attached)
• Full and final settlement clause – caution: this means “all mutual claims have been settled”

The unemployment insurance trap: Anyone who signs a termination agreement without a new job lined up risks a suspension of benefits from the unemployment insurance fund. Be sure to check with your regional employment center (RAV) first.

Garden leave means that the employee is released from the obligation to work, while the employment relationship continues until its official end date. Salary remains payable. The following points are usually agreed:

• Offsetting of remaining vacation days and any overtime
• Offsetting of interim earnings from a new job
• Non-compete clause and return of work equipment (laptop, keys, vehicle)
• Informing clients and handing over ongoing projects

Further information for employees and employers: ch.ch – Termination or dismissal.

In staff leasing, some notice periods differ from those in a standard employment relationship. They are based on the CBA Staff Leasing (GAV Personalverleih) 2024–2027 and the Federal Act on Recruitment and the Hiring of Services (AVG).

In the first three months of an open-ended employment relationship in staff leasing, the notice period is only two working days. From the fourth to the sixth month, it is seven calendar days. From the seventh month, it is one month. In that case, notice can be given at any time and the notice period ends on the same day of the following month, not at the end of a month as in a standard employment relationship.

For fixed-term assignment contracts, the first step is to check whether a right of ordinary termination was agreed at all.

As a staffing provider, we guide companies and employees through new starts, changes of assignment, and departures every day. Common pitfalls: notice not properly delivered by the end of the month, overlooked protected periods during illness, and confusing the notice periods of the CBA Staff Leasing with those of the Code of Obligations. If you have questions about assignments or the end of a contract, our consultants will be glad to help.

If you have any questions about assignments or contract termination, our specialists will be happy to assist you.

This guide is based on the following official and recognized sources:

• Fedlex – Swiss Code of Obligations (CO)
• SECO – FAQ on termination (private employment law, in German)
• SECO – FAQ on termination with immediate effect (in German)
• SECO – Fact sheet “Termination and protection against dismissal” (PDF, in German)
• ch.ch – Termination or dismissal in Switzerland
• swissstaffing – CBA Staff Leasing (GAV Personalverleih) 2024–2027 (in German)

Legal notice
This article is for general information and is not a substitute for legal advice. In individual cases, particularly disputes, termination with immediate effect, or complex situations involving protected periods, we recommend consulting the cantonal conciliation authority or a lawyer specializing in employment law.

You can download our employee termination letter template for free here: