Jurilo from Lawise.ai:
In Switzerland, an employment relationship can be terminated by both the employer and the employee. Although the right to terminate is fundamentally based on reciprocity, there are important differences regarding notice periods, rights, and particularly the effects on unemployment insurance (ALV). In this article, we highlight the key differences and legal framework conditions.
GENERAL LEGAL BASIS
The termination of an open-ended employment relationship in Switzerland is regulated in the articles of the Code of Obligations (OR), particularly:
Art. 335 OR: General provisions on termination
Art. 336 OR: Wrongful termination
Art. 336c OR: Termination at an inopportune time (protection periods)
Art. 337 OR: Termination without notice
TERMINATION BY THE EMPLOYER
Form and Justification
The employer can generally terminate the employment relationship without any particular form. However, upon request of the employee, the termination must be justified in writing (Art. 335 para. 2 OR).
Notice Periods
The statutory notice periods according to Art. 335c OR are:
During the probationary period: 7 days (at any time)
In the 1st year of service: 1 month
In the 2nd to 9th year of service: 2 months
From the 10th year of service: 3 months
These periods apply to the end of a month. Deviations are possible through written agreement but must be of equal length for both parties (Art. 335a OR).
Protection Against Termination
The employer may not terminate during so-called protection periods, e.g., during illness, accident, pregnancy, or military service of the employee (Art. 336c OR). A termination issued during a protection period is void.
Wrongful Termination
A termination is wrongful if it occurs, e.g., due to the exercise of constitutional rights or to prevent claims (Art. 336 OR). In such cases, the employee can demand compensation of up to six months' salary.
TERMINATION BY THE EMPLOYEE
Form and Notice Period
The employee can also generally terminate the employment relationship without any particular form. The same statutory notice periods as for the employer also apply to the employee (Art. 335c OR). However, a written termination is recommended for evidentiary purposes.
Termination at an Inopportune Time
No protection periods apply to the employee. They can therefore also terminate during illness or pregnancy. However, this may have social insurance consequences (see below).
Termination Without Notice
The employee can terminate the employment relationship without notice if there is an important reason that makes the continuation of the employment relationship unreasonable (Art. 337 OR). If no such reason exists, the employer can demand compensation.
DIFFERENCES IN CONSEQUENCES FOR UNEMPLOYMENT INSURANCE (ALV)
Termination by the Employer
If the employment relationship is ordinarily terminated by the employer, the employee is generally entitled to unemployment benefits, provided the other requirements are met (e.g., contribution period, employability).
Important: The employee must register with the Regional Employment Center (RAV) in time and actively search for work.
Termination by the Employee
If the employee terminates themselves, the unemployment insurance examines whether "conduct contrary to insurance regulations" exists. If this is the case, a suspension sanction can be imposed (e.g., 31 to 60 days without daily benefits).
Conduct contrary to insurance regulations exists particularly when:
termination occurred without a valid reason
a reasonable position was rejected
insufficient job search efforts can be demonstrated
Termination Without Notice
If the employment relationship is terminated without notice by the employee without an important reason, not only sanctions from the ALV are threatened, but also compensation claims from the employer (Art. 337d OR).
👉 Uncertain about termination questions and ALV consequences?
Jurilo examines termination and ALV consequences according to Swiss law – structured, neutral, and legally secure.
👉 See also: Termination during illness – Protection period according to Art. 336c OR
👉 Related: Termination by email, WhatsApp, or verbally – Form & Evidence
👉 Basics: Notice period in Switzerland – simply explained
CONCLUSION
The termination of an employment relationship in Switzerland is clearly regulated by law, but involves different risks and obligations depending on the situation. While the employer must particularly pay attention to protection periods and prohibitions of abuse, the employee should carefully weigh the possible consequences for unemployment insurance before terminating themselves.
Timely advice – for example from a trade union, a lawyer, or the RAV – can help avoid financial disadvantages and legal conflicts.
Sources
Art. 335 OR
Art. 335a OR
Art. 335c OR
Art. 336 OR
Art. 336c OR
Art. 337 OR
Art. 337d OR
FAQ ON TERMINATION EMPLOYER VS. EMPLOYEE
What is the difference between termination by the employer and by the employee?
In the case of termination by the employer, the employment relationship is ended by the company; in the case of termination by the employee, the ending is done by the employed person. Both parties must comply with statutory or contractually agreed notice periods; however, additional protective provisions such as protection periods apply to the employer.
Does a termination in Switzerland have to be in writing?
No, the law does not require any particular form. A termination can also be made verbally. However, for evidentiary purposes, it is strongly recommended to submit the termination in writing.
What notice periods apply in Switzerland?
The statutory notice periods are:
During the probationary period: 7 days
In the 1st year of service: 1 month
In the 2nd to 9th year of service: 2 months
From the 10th year of service: 3 months
These periods apply to the end of a month unless otherwise agreed in writing.
What are protection periods and when do they apply?
Protection periods are time periods during which the employer may not terminate, e.g., during illness, accident, pregnancy, or military service of the employee. A termination during a protection period is void.
Can an employee terminate during illness?
Yes, employees may also terminate during an illness. No protection periods apply to them. However, this can have effects on unemployment insurance, particularly if there is no valid reason for the termination.
What happens with unemployment insurance if I terminate myself?
If you terminate yourself, the ALV examines whether conduct contrary to insurance regulations exists. Without a valid reason, a sanction in the form of suspension days (e.g., 31–60 days without daily benefits) can be imposed.
What counts as a valid reason for self-termination?
Valid reasons can include, e.g., health problems, mobbing, unreasonable working conditions, or a move for family reasons. However, the reasons must be credibly substantiated.
What is wrongful termination?
A termination is wrongful if it occurs, e.g., due to personal characteristics, the exercise of constitutional rights, or to prevent claims. In such cases, compensation of up to six months' salary can be demanded.
Can I terminate without notice?
Yes, but only if there is an important reason that makes the continuation of the employment relationship unreasonable. Otherwise, compensation claims from the employer and sanctions from the ALV are threatened.
Do I have to register with the RAV if I was terminated?
Yes, you must register with the RAV at the latest on the first day of unemployment. However, it is recommended to register during the notice period and actively search for a new position.
