Notice Period in Swiss Employment Law

Statutory Notice Periods

Probation Period

Art. 335b para. 1 CO: default one month (max three months by agreement). Notice: seven days during probation.

After Probation (art. 335c para. 1 CO)

1. 1 month for end of month during 1st year of service
2. 2 months for end of month, 2nd-9th year
3. 3 months for end of month, from 10th year

Applies to both parties. Contracts may provide longer periods. Periods must be equal for both parties (art. 335a para. 1 CO), unless a CLA provides otherwise.

Termination Date

Effective at end of month (art. 335c para. 1 CO), unless otherwise agreed.

Immediate Termination for Just Cause (art. 337 CO)

Either party may terminate with immediate effect for just cause: circumstances making continuation unbearable. Recognised grounds (ATF 142 III 579): theft, embezzlement, physical violence, serious threats, sexual harassment, serious repeated breaches. ATF 130 III 28: an ultima ratio measure.

Consequences of Unjustified Immediate Termination

Employer must pay (art. 337c CO): salary until the ordinary notice period would have expired, plus up to six months' salary in additional compensation.

Protection Against Dismissal at Inopportune Times (art. 336c CO)

The employer may not terminate during protected periods:

1. Illness/accident: 30 days (1st year), 90 days (2nd-5th year), 180 days (from 6th year) (let. b)
2. Pregnancy and 16 weeks post-partum (let. c) - absolute protection
3. Military/civil service (let. a)

A notice given during a protected period is void (art. 336c para. 2 CO). If given before but the notice period has not expired, it is suspended during the protected period.

Protection applies only to employer-initiated dismissals. The employee may freely terminate during their own illness or holidays.