Updated: May 2026
Key points
  • Swiss employment law explained for international professionals
  • Legal basis, practical advice and what to do
  • Relevant for expats, cross-border workers and newcomers

The BVG Capital Transfer

Transfer your BVG pension fund capital immediately, this is your responsibility. When leaving, you will receive a vesting benefit statement (Austrittsleistung) from your pension fund. You must instruct them to: transfer to your new employer's pension fund (if starting a new job), or transfer to a vesting account at a Swiss bank or insurance (Freizügigkeitskonto or Freizügigkeitspolice) if between jobs. If you provide no instructions, the capital is transferred to the national catch-all fund (Auffangeinrichtung), legal, but with below-market interest. You can have maximum 2 vesting accounts.

Final Settlement

Your final payslip should settle: outstanding salary for all days worked, accrued but unused holiday (paid out in cash), unpaid overtime, 13th month (pro-rata for the year), expenses reimbursement. Check each item, errors are common on final payslips. If you have taken more holidays than accrued, the employer may deduct the excess. Retain all documentation: payslips, AHV statement, pension fund certificate, these may be needed for future pension calculations years later.

Non-Compete and Reference

Before starting your new role, verify your non-compete clause: check if the new role falls within the restricted activities, whether the clause is time/geographically limited, and whether the employer's conduct triggered an automatic lapse. Request your Arbeitszeugnis in writing during the notice period, not after leaving. Review it carefully: coded language can damage future applications. If it contains errors or unfair language, request changes immediately, courts are more sympathetic when you act promptly.


Frequently Asked Questions

What if I forget to transfer my BVG capital when changing jobs?

It will eventually be transferred to the Auffangeinrichtung (catch-all fund). You can still claim it by contacting the Auffangeinrichtung directly. However, you will have earned below-market interest in the interim. It is not lost, but it is suboptimal.

Can I start my new job immediately after resignation?

Only if you have served your notice period or your employer has released you from it (waiver of notice period). Starting a new job while still under notice violates your duty of fidelity (OR 321a) and could result in claims from the old employer.

How do I challenge an Arbeitszeugnis I disagree with?

First: request specific changes in writing from HR, citing the factual errors or inappropriate language. If refused: bring a civil claim at the cantonal conciliation tribunal (Schlichtungsbehörde), free, fast. Courts regularly order amendments to misleading or incomplete references.

Sources

Federal Law on Old-Age and Survivors' Insurance (AHVG/LAVS) · Swiss Federal Social Insurance Office (FSIO/OFAS) · admin.ch