Jurilo from Lawise.ai:
The notice period in Switzerland is regulated by law, but is frequently calculated incorrectly – especially the start of the period causes confusion.
In Switzerland, it is often overlooked that the notice period begins to count from the start of the next month – the month of termination itself does not count. Many incorrectly calculate from the day of termination, which can lead to shortened periods and invalid dates.
Notice Period Switzerland – briefly explained (basic rule)
In Switzerland, the notice period always begins on the 1st of the following month.
The month in which the termination is given does not count.
STATUTORY NOTICE PERIODS ACCORDING TO CO (ART. 335B & 335C CO)
Probationary period (Art. 335b CO):
7 days notice period, terminable at any time
After the probationary period:
According to Art. 335c CO, the following periods apply, each to the end of a month:
In the 1st year of service: 1 month notice period
From the 2nd to the 9th year of service: 2 months notice period
From the 10th year of service: 3 months notice period
These periods apply unless otherwise agreed in the employment contract, collective labour agreement or standard employment contract.
Important: The termination must be given so that the period begins to run from the start of the next month.
Sources:
NOTICE PERIOD IN THE EMPLOYMENT CONTRACT
In Switzerland, the notice period in the employment contract can generally be freely agreed – but only within legal limits. Whether a contractual provision is valid depends on several factors:
1. Contractual notice period takes precedence – but only with equal treatment
According to Art. 335 CO, employers and employees may only agree on different notice periods if they deviate in favour of the employee. Otherwise, the longer period mandatorily applies to both parties.
Example:
- Contract: Employer 3 months, Employee 1 month → Invalid
- Consequence: The longer period of 3 months applies to both
2. When is a notice period in the employment contract invalid?
A notice period in the employment contract is invalid if:
- It is less than one month (except in the first year of service and only through collective labour agreement – Art. 335c para. 2 CO
- It is shorter for only one party (violation of termination parity – Art. 335a CO
- It exceeds the statutory maximum duration of the probationary period (3 months) – Art. 335b CO
- It violates mandatory law to the disadvantage of the employee – Art. 362 CO
3. When does the statutory period apply despite the contract?
If a contractual provision is invalid or unclear, the statutory notice period automatically applies. Even if the contract only states a general notice period without specifically regulating the probationary period, the statutory 7-day period (Art. 335b CO) applies during the probationary period, unless otherwise expressly agreed.
Sources:
Art. 335 CO
Art. 335b CO
Art. 335c CO
Art. 362 CO
NOTICE PERIOD DURING THE PROBATIONARY PERIOD
See above: During the probationary period, the notice period is 7 days, terminable at any time (Art. 335b CO).
During the probationary period, special rules apply – for example regarding notice period, illness or termination on the first day of work.
→ Termination During the Probationary Period (Switzerland): What is Permitted – and What is Not
TERMINATION IN THE MIDDLE OF THE MONTH – WHAT APPLIES?
For termination in the middle of the month, the period only begins to run on the 1st of the next month; the employment relationship then ends at the corresponding end of the month.
TYPICAL MISTAKES BY SMES REGARDING NOTICE PERIODS 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 for the probationary period
If only a general notice period is agreed without specifically regulating the probationary period, this period does not automatically apply during the probationary period.
→ The statutory 7-day period according to Art. 335b CO then applies, unless otherwise expressly agreed.
Reduction to less than 1 month in the 1st year of service without CLA
A notice period of less than one month is only permissible in the first year of service and exclusively through a collective labour agreement (CLA) (Art. 335c para. 2 CO).
→ Such a provision in an individual employment contract is invalid.
Extension of the probationary period beyond 3 months
The probationary period may last a maximum of 3 months (Art. 335b CO). A longer contractual provision is partially void.
Sources:
Art. 335a CO
Art. 335b CO
Art. 335c CO
CORRECTLY CALCULATING THE NOTICE PERIOD (EXAMPLE)
This example shows step by step how to correctly calculate the notice period in Switzerland.
Facts:
An employee terminates his permanent employment relationship on 27 January 2026. He has been with the company for over 10 years. No deviating notice period is agreed in the employment contract.
Step-by-step calculation:
Applicable statutory notice period:
According to Art. 335c para. 1 lit. c CO, the notice period is 3 months, as the employee is in his 10th year of service or longer.
Rule: The month of termination does not count
→ January 2026 is not counted.
Start of counting:
The period starts on 1 February 2026
Counting the 3 months:
Month: February 2026
Month: March 2026
Month: April 2026
End of termination:
→ 30 April 2026
Result:
The termination of 27 January 2026 becomes effective as of 30 April 2026.
Source:
👉 Unsure whether your termination date is correct?
Jurilo calculates your notice period in seconds – legally compliant according to CO.
Termination During Illness
When a termination is permissible despite illness and which protection periods apply according to Art. 336c CO.
→ Termination During Illness in Switzerland – Protection Period According to Art. 336c CO
Termination During the Probationary Period
During the probationary period, special rules apply – for example regarding notice period, illness or termination on the first day of work.
→ Termination During the Probationary Period (Switzerland): What is Permitted – and What is Not
Immediate Termination
→ In particularly serious cases, an immediate termination may also be permissible.
FAQ ON NOTICE PERIODS IN SWITZERLAND
How long is the notice period in Switzerland?
After the probationary period, the statutory rule is: 1 month in the 1st year of service, 2 months from the 2nd, 3 months from the 10th year – each to the end of the month (Art. 335c CO).
Does the notice period apply equally to employers and employees?
Yes, according to Art. 335a CO, the notice periods must be the same length for both parties – otherwise the longer period applies to both.
Can the notice period be extended in the employment contract?
Yes, a longer period can be contractually agreed, as long as it is the same for both parties.
Does the notice period also apply to immediate termination?
No, with an immediate termination, the notice period does not apply – it takes effect immediately (Art. 337 CO).
What applies if the employment contract is unclear or defective?
Then the statutory notice periods according to Art. 335c CO automatically apply.
Termination in the middle of the month?
Yes, possible – but the notice period only begins to run on the 1st of the following month.
Is shortening the notice period possible?
Only through mutual agreement or in a collective labour agreement; unilateral reductions are invalid if they disadvantage the employee.
From when does the notice period in Switzerland begin to run?
The notice period in Switzerland begins to run on the 1st day of the month following receipt of the termination.
