How do I terminate an employment contract in Switzerland?
It depends on length of service — and clear notice periods apply. Either side may end an open-ended contract with the statutory notice (OR 335c): trial period 7 days (any day), 1 month in year 1, 2 months in years 2–9, 3 months from year 10, each to month-end. On request the termination must be given in writing with reasons. During protection periods (illness/accident, pregnancy + 16 weeks, military service) an employer termination is null and void (OR 336c). An abusive termination can trigger compensation of up to 6 months' salary. In short: yes, with the right notice and outside the protection periods.
📋 The rules
- Trial period 7 days, then graduated
- Year 1 1 month, from year 2 2 months
- From year 10 3 months, to month-end
- Protection periods: employer termination void
- Abusive termination: up to 6 months' salary
🔓 Exceptions
- Trial period 1 month by default, max 3 by agreement
- Protection periods only after the trial period and for employer termination
- Summary dismissal only for good cause
⚠️ Penalties & fines
A termination during a protection period (e.g. no-fault illness: 30/90/180 days by year of service, or pregnancy + 16 weeks) is void and has no effect. An abusive termination (contrary to good faith) can trigger compensation of up to 6 months' salary; you must object in writing before the notice expires and sue within 180 days of the employment ending. Beware a myth: "the employer can dismiss summarily any time" is false — summary dismissal needs good cause. Tip: always give notice in writing by registered post, and watch the 180-day window.
📎 Official sources
❓ Frequently asked
How long is my notice period?
It depends on length of service. In the trial period it's 7 days, one month in the first year, two months from the second to the ninth year, and three months from the tenth year, each to month-end. The period may be lengthened by contract, but not freely shortened.
What are protection periods?
Protection periods shield employees after the trial period from an employer termination in certain situations, such as no-fault illness, accident, pregnancy and for sixteen weeks afterwards, or military service. A termination given during a protection period is null and void.
What is an abusive termination?
An abusive termination is contrary to good faith, for example dismissing someone because they asserted a justified claim. It's valid, but can trigger compensation of up to six months' salary if you act in time, by objecting in writing and then filing suit within the deadline.
How do I challenge an abusive termination?
You must object in writing to the employer before the notice period expires, and then file suit within 180 days of the employment ending. If you miss these deadlines, you lose the right to compensation. Document the circumstances carefully to support your case.
Can my employer dismiss me summarily?
Only for good cause that makes continuing the employment unreasonable, such as a serious breach of duty. An unjustified summary dismissal still takes effect, but can lead to wage compensation and a penalty payment. If in doubt, it's worth seeking advice promptly.
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