Changing Jobs in Switzerland

Pension Fund (BVG) Transfer

When leaving an employer, your BVG pension fund capital must be transferred. Options: transfer directly to your new employer's pension fund (mandatory if starting a new job), or to a vesting account (Freizügigkeitskonto) if not immediately re-employed. Do not forget this step, uninstructed capital is transferred to the BVG catch-all fund (Auffangeinrichtung) which earns lower returns. You can have up to 2 vesting accounts at different institutions. Capital cannot be cashed out except for emigration outside Switzerland, starting self-employment, or if the amount is very small.

Non-Compete Clause

Your employment contract may contain a non-compete clause (Konkurrenzklausel). It is only legally valid if: written, time-limited (max 3 years), geographically and functionally limited, and protecting legitimate employer interests (customer knowledge, trade secrets). If your employer dismisses you without just cause, the non-compete clause automatically lapses (OR Art. 340c). If you resign for valid reasons caused by the employer (e.g. unacceptable conditions), same result. Always check whether the non-compete is enforceable before accepting a competing offer.

Final Settlement and Work Reference

Before your last day: claim all outstanding vacation days (or cash equivalent), settle overtime, and request your Arbeitszeugnis (work reference) in writing. The employer must issue it on request, even after leaving (Art. 330a CO). Best practice: request it during your notice period so you can identify and dispute inaccurate wording before it is too late. Also check your final payslip carefully, all deductions should match your contract, and the final AHV/BVG confirmation should be correct.

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Frequently Asked Questions

What happens to my pension fund if I change jobs?

Your accumulated BVG capital is transferred to your new employer's pension fund (mandatory). If you are between jobs, transfer it to a vesting account. Do not leave it unregistered, the interest rate at the catch-all fund is below market.

Is my non-compete clause enforceable if my employer dismisses me?

No. A dismissal by the employer without just cause (or a constructive dismissal by unreasonable conditions) makes the non-compete clause automatically void under OR Art. 340c. You are free to work for a competitor.

How long does my employer have to issue my Arbeitszeugnis after I leave?

There is no statutory deadline, but courts expect a reasonable timeframe, typically 2–4 weeks. You can claim damages if a delayed reference causes measurable harm (e.g. missing an application deadline). If disputed, bring a claim at the conciliation tribunal.