Employment Law: France vs Switzerland — What Changes When You Cross the Border
The French Labour Code runs to thousands of articles. Swiss employment law fits in a few hundred provisions of the Code of Obligations. Behind this asymmetry lie concrete differences: dismissal procedure, notice periods, overtime, leave, and social protection
- Dismissal: France — mandatory procedure, works council, employment tribunal; Switzerland — notice period, no required justification, limited remedies
- Notice periods: France 1–3 months by sector agreement; Switzerland 1–6 months by seniority (CO art. 335c)
- Annual leave: 25 working days in France; 20 days (4 weeks) legal minimum in Switzerland, usually 25 in practice
- Overtime: France 25–50% premium mandatory; Switzerland can be offset by time off per contract
- 13th month: Not universal in France; quasi-universal in Swiss employment contracts
Dismissal: the most important difference
In France, dismissing a permanent employee requires a genuine and serious reason, a mandatory pre-dismissal interview, a written motivation letter, and for economic dismissals, a job protection plan. In Switzerland, the Code of Obligations allows an employer to terminate a contract without detailed justification, subject only to observing the notice period and avoiding wrongful dismissal grounds (CO art. 336).
Wrongful dismissal in Switzerland entitles the employee to a maximum of 2 months salary — not reinstatement. French employment tribunals can order reinstatement or award several months of salary under the Macron scale.
Notice periods and probation
Swiss law sets minimum notice periods: 1 month during the first year, 2 months from the second to the ninth year, 3 months from the tenth year onwards. These are often extended by contract or CBA. French legal notice periods (1 month after 6 months, 2 months after 2 years) are frequently extended by sector agreements — up to 3–6 months for managers.
Probation is longer in Switzerland: up to 3 months standard, during which notice is just 7 days. French managers have a 4-month probationary period, renewable once.
Leave, working time and the 13th month
Swiss law guarantees 4 weeks annual leave (5 for under-20s). The practice in most companies is 5 weeks. France guarantees 25 working days, plus RTT days where the 35-hour week applies. The 13th month is quasi-universal in Swiss employment contracts and typically contractualised; in France it depends on collective agreements and is not guaranteed by statute.
Maximum working time is 45 hours per week in industry and services in Switzerland. Overtime can be offset by equivalent time off or paid, per contractual agreement — there is no mandatory premium unless the contract provides for one.
Social protection: what you gain and lose
Leaving France means losing access to French Social Security (health reimbursements, state pension). Switzerland operates a three-pillar system: AVS/AHV (state pension), LPP/BVG (occupational pension tied to employer), and private provision. Health insurance is private and compulsory — it costs approximately CHF 350–500 per month depending on canton and deductible chosen.
Unemployment insurance (AC/ALV) covers up to 70% of the last salary for up to 400 days (approximately 18 months), depending on contribution history. France offers up to 75% with duration calibrated on contribution seniority.
Frequently asked questions
Is it easier to be dismissed in Switzerland than in France?
Yes — Swiss law provides fewer procedural protections than French law. Dismissal requires no detailed justification. Maximum legal compensation for wrongful dismissal is 2 months salary, with no right to reinstatement. Swiss salaries typically incorporate this reduced job security through higher gross pay.
Does my French seniority count if I take a Swiss job?
No: seniority resets with the new Swiss employer. Professional experience counts towards salary negotiation, but rights tied to seniority (notice periods, dismissal protection) are calculated from the start of the new Swiss contract.
Do collective bargaining agreements exist in Switzerland?
Yes — collective agreements (CCT/GAV) exist in many sectors including construction, hospitality, agriculture, and metalworking. They can be declared binding for an entire sector by the Federal Council. Their scope is often more targeted than French agreements, and trade union representation is less central within individual companies.