Notice Periods in Switzerland: Overview and Calculation
Notice periods in Swiss employment law are governed by Art. 335c OR/CO and depend on years of service: 1 month in the first year, 2 months from year 2–9, and 3 months from year 10 onward. Shorter periods require a GAV; longer periods may be agreed contractually.
Statutory Notice Periods
Art. 335c OR/CO sets minimum notice periods: 1 month in the 1st year of service, 2 months from 2nd to 9th year of service, 3 months from the 10th year of service onward. These apply equally to employer and employee. The contract may provide longer periods; shorter periods require a GAV provision.
Commencement Date and Calculation
The notice period typically commences at month-end following the month in which notice is given. Notice given on 15 March starts on 31 March; with a 2-month period, it ends on 31 May. Some contracts specify mid-month start dates. Written notice by registered letter (eingeschriebener Brief) is the safest method.
Extensions and Exceptions
Contractually agreed longer periods are binding on both parties. A GAV can shorten the statutory minimums – for example, 2 weeks in the first month for seasonal roles. During probation, a special 7-day period applies.
Immediate Dismissal
Immediate dismissal for serious cause (Art. 337 OR) is always possible but requires a sufficiently serious ground. Examples: theft, violence, gross breach of trust. Without valid grounds, immediate dismissal may expose the dismissing party to damages. In dispute, the labour court decides.
Frequently Asked Questions
How long is the notice period in Switzerland?
1 month in the first year of service, 2 months from years 2–9, and 3 months from year 10 onward. The contract or GAV may provide longer periods.
When does the notice period start?
Generally at month-end following the month in which notice was given. Notice on 15 March runs from 31 March.
Can I agree to a shorter notice period in my contract?
Shorter-than-statutory periods can only be agreed via a GAV, not through the individual contract alone.