Notice Period (Kündigungsfrist)
A notice period (Kündigungsfrist) is the advance warning time one party must give before ending an employment contract. Swiss law sets a statutory minimum of ten days for the first notice; if the employer or employee responds, the second party has one calendar month from the 15th or end of a calendar month to respond. Individual contracts, collective bargaining agreements (GAV), or company policy may specify longer periods.
The notice period determines how much advance warning you must give when terminating an employee, and how much warning an employee must give when resigning. It protects both sides and ensures a structured handover.
Notice periods are governed by the Code of Obligations (Obligationenrecht, OR Article 337c). The statutory rule applies unless your employment contract, a GAV/Gesamtarbeitsvertrag, or company policy specifies something longer or different.
When notice periods matter
You encounter notice periods whenever you initiate a termination or an employee resigns. The clock starts the moment written notice is delivered. Unclear timing can drag out the separation unnecessarily and create disputes.
Notice periods also affect your ability to backfill a role and plan handover tasks. A short period means faster transition; a long period may tie up budget and management attention.
- Statutory minimum: ten days for the first notice; one month from the 15th or end of a month for the responding party.
- Your employment contract may specify longer periods (e.g., two months for managers).
- A GAV or sector-specific agreement may set different thresholds by job level or tenure.
- Notice must be in writing and delivered to the other party.
- Trial periods (if included in the contract) may have shorter notice rules.
- Termination during probation is not the same as notice period—check your contract.
Your obligation as an employer
You must respect the notice period in your contract or the law, whichever is longer. If you terminate without proper notice, the employee may claim damages or seek a court order for continued employment.
You also have a duty to confirm notice in writing and to ensure the employee understands the termination date. This prevents later disputes over whether notice was actually given.
- Deliver termination notice in writing (email counts); do not rely on verbal notice.
- Calculate the notice period correctly according to your contract or OR Article 337c.
- Record the date notice was delivered in your personnel file.
- If an employee resigns, respond in writing and acknowledge the notice date.
- Allow the employee the full notice period unless the contract specifies otherwise.
- Do not use notice period as a loophole to avoid severance or final wages.
Most common mistake
The single biggest error is miscounting the notice period. Many employers assume notice takes effect immediately or count calendar days instead of calendar months. Under Swiss law, a one-month notice period runs from the 15th or last day of a calendar month, not 30 days from today.
A second frequent mistake is failing to put termination in writing. Oral notice is not binding and leaves you exposed if the employee claims they never received it. Always send a registered letter or email with a delivery confirmation.
- Do not count calendar days for a one-month notice period—count full calendar months ending on the 15th or last day of the month.
- Do not assume a contract signed in 2019 without a notice clause uses the statutory default; check your records.
- Do not terminate verbally or via third party; the employee must receive written notice directly.
- Do not confuse a notice period with a trial period, which may have different rules.
- Do not ignore a GAV; sector agreements often override the statutory minimum.
- When in doubt, consult a lawyer to confirm the notice period applies to your situation and jurisdiction.
Frequently asked questions
- Can I shorten the notice period if the employee agrees?
- Yes, both parties can agree in writing to a shorter notice period than the law or contract requires. However, you cannot unilaterally shorten it. Any agreed change must be documented and signed by both parties.
- What if an employee resigns with no notice?
- If the employee fails to give the required notice period, they may be liable for damages. However, enforcing this is expensive and rare. Document the actual resignation date and consult a lawyer if you believe you have a claim.
- Does notice period apply during the trial period?
- No. During the trial period (if your contract includes one), notice periods are usually much shorter or even zero—often just one day. Check your employment contract to confirm what applies during probation.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.