Militärdienst: Swiss Military Service and Your Employment Obligations
Militärdienst is mandatory military or civil service for Swiss men aged 18–34. As an employer, you must grant unpaid leave for initial training (21 weeks) and annual refresher courses (2–3 weeks). You cannot penalise employees for service and must reinstate them in their role or equivalent position. Non-compliance carries canton-level penalties.
Militärdienst (military service) is a legal obligation for Swiss male citizens aged 18–34, administered at the canton level under federal law. Service takes two forms: military (Militärdienst) for those who pass the medical exam, or civil service (Zivildienst) for conscientious objectors. Both carry identical employment protections.
As a Swiss employer, you will encounter this when hiring Swiss men in this age bracket or when current employees reach 18. Your legal duties are clear under the Military Organization Act (Militärorganisationsgesetz): you must grant leave and protect employment. The biggest mistake employers make is treating military leave like holiday or counting it against performance.
What Militärdienst Means for Your Payroll
Initial recruitment training (Rekrutenschule) lasts 21 weeks and is unpaid unless your company policy is more generous. Employees then serve annual refresher courses (Wiederholungskurs, or WK) of 2–3 weeks per year, usually until age 32. These are mandatory absences you must accommodate.
During service periods, the employee receives a modest federal allowance (roughly CHF 150–250/week), not your salary. You do not pay them during service leave. However, you must hold their job open or provide equivalent work at the same Pensum and seniority level when they return. Canton-specific practice varies slightly; check your canton's military authority (Militärdepartement or equivalent) for exact timelines.
- Initial 21-week training is unpaid; annual 2–3-week courses are also unpaid
- Employee receives federal allowance during service, not company salary
- You must not reduce Pensum, demote, or assign lower-value work on return
- Service dates are often known in advance; plan staffing early
- Private-sector employers have no exemptions—all sectors must grant leave
- 13. Monatslohn and other benefits continue accruing during service (check your GAV or company policy)
Your Legal Obligations and Deadlines
Swiss law (Military Organization Act) prohibits discrimination or dismissal based on military service. You cannot refuse to hire someone, deny promotion, or reduce their role because of service obligations. Violations can result in fines issued by your canton's employment authority.
Employees must give notice of their service dates, typically 4–8 weeks in advance through their military authority. Once you receive notification, you have no right to refuse or delay the leave. Document all service periods in your employment records for transparency and compliance.
- Dismissal or demotion linked to military service is illegal under federal law
- Employees notify you via official military authority; you do not negotiate the dates
- You must confirm receipt and keep records of all service periods
- Reinstatement must be in writing before the employee returns
- Canton employment inspectorates (Arbeitsinspektorat) enforce compliance
- Non-compliance can result in fines and orders to reinstate employees with back pay
The Most Common Mistake: Treating Service as Absence Management
Many small employers mistakenly treat military leave like sick leave or vacation, marking it as an unexcused absence or counting it against attendance records. This is illegal and can trigger a complaint to your canton's labour authority (Arbeitsinspektorat). Military service is a civic duty, not an employee choice.
The second trap is failing to reinstate employees at their original Pensum or seniority level. If an employee returns from a 3-week course to find their hours cut or their responsibilities changed, this may constitute constructive dismissal. Keep the employment contract and role identical on return.
- Do not log military leave as 'unexcused absence' or disciplinary record
- Do not use service periods to justify reduced hours or lower pay on return
- Do not require employees to 'make up' time or work weekends in lieu
- Do not ask for medical certificates for military service periods
- Do not refuse to hire because of known service obligations
- Do consult your labour lawyer if an employee contests your reinstatement
Frequently asked questions
- Can I refuse to hire a 20-year-old Swiss man because he may need military leave in the next few years?
- No. Refusing to hire based on potential military service is discrimination under federal law. You must treat all applicants equally regardless of military eligibility. If an employee later needs service leave, you must grant it without penalty.
- Do I have to pay an employee during their 21-week initial military training?
- No. Initial training is unpaid by you; the employee receives a federal allowance. However, you must not reduce their salary, benefits accrual, or employment status during this period. On return, they resume their full role and compensation.
- What happens if an employee doesn't show up for military service and loses their status?
- That is the employee's legal problem, not yours. You have no obligation to police their compliance. However, if they are absent without proper military notification, that may fall under your normal absence and discipline policies. Consult your labour lawyer for your specific situation.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.