Dismissal in Switzerland

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.

Context on the Swiss job market helps frame any career decision in Switzerland. Our gross-to-net salary guide shows what Swiss gross salaries look like after AVS, LPP and tax deductions. The salary negotiation guide covers how to use market data in offer discussions and which arguments work with Swiss recruiters. Our guide to working in Switzerland as a foreigner covers entry conditions, permit categories and practical relocation steps. The work permit guide explains B, C, G and L permit categories and processing timelines. For cross-sector salary benchmarks, the Switzerland salary guide covers all major roles and cities.

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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.

What is the 13th month salary in Switzerland?

The 13th month salary in Switzerland refers to an additional monthly salary paid once a year, typically in December. It is included in annual salary benchmarks as standard: when a Swiss employer quotes CHF 120,000 per year, this normally means 13 monthly payments of approximately CHF 9,231 each, not 12 payments of CHF 10,000. The 13th month is governed by the employment contract or collective agreement (GAV), not by statute. It is subject to social contributions (AHV/ALV) and income tax. Always clarify with a prospective employer whether a quoted annual figure includes or excludes the 13th month.

How do Swiss notice periods work for employment contracts?

Under Swiss law (Code of Obligations, Art. 335c), notice periods during probation (default 1 month, up to 3 months by agreement) are 7 days. After probation, statutory notice periods are: 1 month during the first year, 2 months in years 2 to 9, and 3 months from year 10 onwards. Notice must be given in writing by end of calendar month (or end of the agreed notice period month). Contractual or GAV notice periods can be longer but cannot be shorter than statutory minimums. Protected periods exist (illness, accident, pregnancy) during which termination is suspended or prohibited.