Swiss Employment Contract 2026: Mandatory Clauses and What to Check
Switzerland does not require employment contracts to be in writing — but if there is no written contract, the statutory defaults of the Code of Obligations (CO) apply automatically, which may not match what was verbally agreed. For most employment relationships, a written contract is strongly advisable. This guide explains what a Swiss employment contract must contain, what clauses protect employees, and what to scrutinise before signing.
- No mandatory written form, but writing protects both parties
- Probationary period: 1 month by default; up to 3 months maximum
- Notice periods: 1 month (year 1), 2 months (years 2-9), 3 months (year 10+)
- Salary: gross, plus 13th month if applicable (state whether included or extra)
- Non-compete clauses: valid only if meeting strict CO Art. 340 conditions
- Collective bargaining agreement (GAV/CCT): overrides individual contract where more favourable
Core clauses every Swiss employment contract should contain
A Swiss employment contract in writing should include, at minimum: the names and addresses of both parties, the job title and function, the start date, the duration (indefinite or fixed-term), the salary and payment schedule, weekly working hours, vacation entitlement, notice periods, and reference to any applicable collective bargaining agreement (GAV/CCT). Clauses that provide less than the statutory minimums of the Code of Obligations are void and replaced automatically by the statutory provision. Clauses that provide more than the statutory minimum are valid — the CO sets a floor, not a ceiling.
Probationary period: what the law says
Under CO Art. 335b, the statutory probationary period is one month with a seven-day notice period. The contract can extend this to a maximum of three months by explicit agreement. During the probationary period, either party can terminate the contract with seven days notice on any day, with no requirement for cause. A collective bargaining agreement may restrict or modify these defaults. If the probationary period is longer than three months in the contract, the excess is void and replaced by the three-month maximum.
Notice periods after probation
After the probationary period, statutory notice periods under CO Art. 335c are: one month during the first year of service, two months from year two to nine, and three months from year ten onwards. Notice must be given to the end of a calendar month. These are minimum periods — the contract can provide for longer notice, but not shorter. A collective bargaining agreement may also set longer minimums. Notice given without this being specified can create disputes; the contract should always state the notice period explicitly.
Non-compete clauses: strict validity conditions
Non-compete clauses (CO Art. 340) are enforceable in Switzerland only under strict conditions: the employee must have access to client information or trade secrets, the restriction must not unreasonably compromise the employee future career, and the duration must be limited (maximum three years). A non-compete clause that prevents a specialist from working in their entire field for three years in Switzerland would typically be found disproportionate by a Swiss court. Geographic and functional scope must be proportionate to the legitimate interest being protected. Employees should negotiate scope and consider whether adequate compensation (beyond normal salary) is offered for the restriction.
Salary clauses: what to verify
Swiss salaries are always stated gross. The contract should clearly specify: the monthly gross salary, whether the 13th month is included in the monthly figure or paid separately (and when), any variable or bonus components with their calculation basis, and the expense reimbursement policy. A contract that states a salary "including all allowances" without itemising them should be queried before signing. The 13th month is customary but not legally mandated for all employers — its absence from the contract means it is not owed unless a collective bargaining agreement provides for it.
Frequently asked questions
Does a Swiss employment contract need to be in writing?
No — Swiss law does not require a written employment contract. However, without writing, statutory defaults apply and verbal agreements are harder to prove. For any employment relationship expected to last more than a few months, a written contract is strongly advisable for both parties.
Can a Swiss employer set a probationary period longer than 3 months?
No. Under CO Art. 335b, the maximum probationary period is three months. Any contractual clause setting a longer period is void for the excess, and the three-month statutory maximum applies. Collective bargaining agreements may set shorter probationary periods.
Is the 13th month salary mandatory in Switzerland?
No, it is not legally mandated by the Code of Obligations. However, it is customary in most sectors and required by many collective bargaining agreements (GAV/CCT). If it is not in the contract and no GAV applies, the 13th month is not owed. Candidates should verify this before accepting an offer.