Dismissal in Switzerland
Swiss employment law allows employers to dismiss employees without stating a reason — but strict rules apply on notice periods and protection periods. Understanding the difference between ordinary dismissal, wrongful dismissal and summary dismissal is essential for any worker in Switzerland.
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Notice Periods and Legal Framework
Swiss law (Code of Obligations, Art. 335) sets minimum notice periods: 7 days during probation, 1 month (1st year of service), 2 months (years 2–9), 3 months (10+ years) — always to end of calendar month. Employment contracts or collective agreements (GAV/CCT) may provide longer notice periods, which then take precedence. The employer does not need to state a reason for ordinary dismissal, but the employee may request written reasons.
Protection Periods (Sperrfrist)
During certain periods, dismissal is prohibited and void (Art. 336c CO): illness or accident (30 days in year 1; 90 days in years 2–5; 180 days from year 6 onwards), pregnancy and 16 weeks after birth, military service or civil protection duty. A notice given before these periods begins will be suspended for their duration and resumes after. A notice given during a protection period is null — the employee may reject it.
Wrongful Dismissal
Wrongful dismissal (abusive dismissal, Art. 336 CO) occurs when the employer dismisses for improper reasons: trade union membership, legally exercising rights, personal characteristics (gender, religion, ethnicity), or as retaliation for a complaint. Wrongful dismissal is still legally valid (the contract ends) but entitles the employee to compensation of up to 6 months' salary. The employee must object in writing before the end of the notice period and bring a claim within 180 days of employment ending.
Frequently Asked Questions
Can I be dismissed without a reason in Switzerland?
Yes, for ordinary dismissal no reason needs to be given. However, you can request written reasons. If the reason is improper (discriminatory, retaliatory), you can claim wrongful dismissal compensation up to 6 months' salary.
What happens if I am dismissed while sick?
If you are already sick when dismissed, a protection period applies (30–180 days depending on years of service). Dismissal during this period is void. However, if you fall sick after receiving notice, the notice period is extended by the sick days.
What is the difference between ordinary dismissal and summary dismissal?
Ordinary dismissal requires the legal notice period. Summary (immediate) dismissal without notice is only lawful when there is a serious just cause — such as theft, violence, serious breach of trust. If summary dismissal is unjustified, the employer owes salary for the full notice period plus additional damages.