Termination notice in Switzerland (explained simply, incl. calculation & examples)
Jurilo by Lawise.ai
The termination notice period in Switzerland is regulated by law but is frequently calculated incorrectly – especially the start of the notice period, which often causes confusion.
In Switzerland, it is often overlooked that the notice period starts on the first day of the following month.
The month in which the notice is given does not count. Many people mistakenly calculate from the day the notice is given, which can result in shortened notice periods and invalid termination dates.
Termination Notice in Switzerland – Key Rule (Short Explanation)
- In Switzerland, the notice period always starts on the 1st day of the following month
- The month in which the termination is declared is not included
Statutory Notice Periods under the Swiss Code of Obligations
(Art. 335b & 335c CO)
Probation period (Art. 335b CO)
- 7 days’ notice
- Termination possible at any time
After the probation period
According to Art. 335c CO, the following notice periods apply, always to the end of a month:
- 1st year of service: 1 month’s notice
- 2nd to 9th year of service: 2 months’ notice
- From the 10th year of service: 3 months’ notice
These periods apply unless otherwise agreed in an employment contract, collective labour agreement, or standard employment contract.
Important:
Notice must be given in such a way that the notice period can begin on the first day of the following month.
Sources:
- Art. 335b CO
- Art. 335c CO
Notice Period in the Employment Contract
In Switzerland, notice periods can generally be agreed freely in the employment contract – but only within legal limits.
Whether a contractual notice period is valid depends on several factors.
1. Contractual notice period takes precedence – but only with equal treatment
Under Art. 335 CO, different notice periods for employer and employee are only permitted if they benefit the employee. Otherwise, the longer notice period applies to both parties.
Example:
- Contract: Employer 3 months, Employee 1 month → Invalid
- Consequence: 3 months apply to both
2. When is a contractual notice period invalid?
A notice period in an employment contract is invalid if:
- It is shorter than one month
(except in the first year of service and only via a collective labour agreement – Art. 335c para. 2 CO) - It is shorter for only one party
(violation of notice parity – Art. 335a CO) - It exceeds the maximum statutory probation period of 3 months
(Art. 335b CO) - It violates mandatory law to the detriment of the employee
(Art. 362 CO)
3. When does the statutory notice period apply despite a contract?
If a contractual provision is invalid or unclear, the statutory notice period applies automatically.
If the contract only contains a general notice period and does not explicitly regulate the probation period, the statutory 7-day notice applies during probation (Art. 335b CO), unless expressly agreed otherwise.
Sources:
- Art. 335 CO
- Art. 335b CO
- Art. 335c CO
- Art. 362 CO
Notice Period During the Probation Period
As stated above:
During the probation period, the notice period is 7 days, and termination is possible at any time (Art. 335b CO).
Termination in the Middle of the Month – What Applies?
If termination is given in the middle of a month, the notice period only starts on the first day of the following month.
The employment relationship then ends at the corresponding month-end.
Typical Mistakes Made by SMEs in Switzerland
Unequal notice periods in the contract
Example: “Employee: 1 month, Employer: 3 months”
→ Invalid – the longer period (3 months) applies to both
No clear regulation of the probation period
If only a general notice period is agreed and the probation period is not explicitly regulated, that notice period does not automatically apply during probation.
→ The statutory 7-day notice applies (Art. 335b CO), unless expressly agreed otherwise.
Reduction below one month in the first year without a CLA
A notice period shorter than one month is only permitted in the first year of service and exclusively via a collective labour agreement (Art. 335c para. 2 CO).
→ Such a clause in an individual employment contract is invalid.
Extending the probation period beyond 3 months
The probation period may not exceed 3 months (Art. 335b CO).
→ A longer contractual provision is partially invalid.
Sources:
- Art. 335a CO
- Art. 335b CO
- Art. 335c CO
Correct Calculation of the Notice Period (Example)
This example shows step by step how to correctly calculate the notice period in Switzerland.
Facts
An employee terminates his open-ended employment contract on 27 January 2026.
He has been employed by the company for more than 10 years.
No deviating notice period is agreed in the employment contract.
Step-by-step calculation
Applicable statutory notice period
Under Art. 335c para. 1 lit. c CO, the notice period is 3 months, as the employee is in the 10th year of service or beyond.
Rule: The month of termination does not count
→ January 2026 is not included.
Start of the notice period
→ The notice period starts on 1 February 2026.
Counting the 3 months
- Month 1: February 2026
- Month 2: March 2026
- Month 3: April 2026
End of employment
→ 30 April 2026
Result
The termination given on 27 January 2026 becomes effective as of 30 April 2026.
Source:
- Art. 335c CO
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FAQ – Termination Notice in Switzerland
How long is the notice period in Switzerland?
After the probation period, statutory notice periods are:
1 month in the 1st year of service, 2 months from the 2nd year, and 3 months from the 10th year onwards – always to the end of a month (Art. 335c CO).
Does the notice period apply equally to employer and employee?
Yes. Under Art. 335a CO, notice periods must be the same for both parties – otherwise, the longer period applies to both.
Can the notice period be extended in the employment contract?
Yes, longer notice periods may be agreed contractually, provided they apply equally to both parties.
Does a notice period apply in case of summary dismissal?
No. In the case of immediate dismissal, the notice period does not apply; termination takes effect immediately (Art. 337 CO).
What applies in the case of an unclear or defective employment contract?
The statutory notice periods under Art. 335c CO apply automatically.
Termination in the middle of the month?
Yes, possible – but the notice period only starts on the first day of the following month.
Can the notice period be shortened?
Only by mutual agreement or via a collective labour agreement. Unilateral reductions that disadvantage the employee are invalid.
When does the notice period start in Switzerland?
The notice period starts on the first day of the month following receipt of the termination notice.
