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Terminating an employment contract in Switzerland: deadlines, formal requirements and a safe process

Ending an employment relationship is, for employees and employers alike, a step that calls for precise planning, legal know-how and formal care. Whether it is a fresh professional start, an internal restructuring or irreconcilable differences: anyone in Switzerland who wants to terminate an employment contract has to keep strictly to the statutory provisions of the Swiss Code of Obligations (CO). A single formal error or a missed deadline can have serious financial consequences or push the end date back by months.

This comprehensive expert guide sets out in detail which statutory periods apply under the CO, how a correct termination is worded and submitted, and how to handle the whole process on sound legal footing and without complication using digital services.

1. The legal basis and the notice periods under the CO

Swiss employment law (set out in Art. 335 et seq. CO) distinguishes between different notice periods, which apply according to the length of the employment relationship and what has been agreed in the contract.

A. The probation period (Art. 335b CO)

  • The duration: during the probation period — which covers at most the first three months of an employment relationship (where agreed in the employment contract) — a very short notice period applies.
  • The period: it is in principle 7 calendar days, as of any day. There is no need to wait for the end of a month.
  • Important: during the probation period, the employment relationship can be dissolved at any time and without complication by either party (except where statutory blocking periods for illness or accident apply, which begin after the probation period; during the probation period itself, protection against termination for illness/accident only applies from the 30th day).

B. The ordinary notice periods once probation has ended (Art. 335c CO)

Once probation has been successfully completed, the statutory minimum periods of the Code of Obligations apply, unless something different has been agreed in the individual employment contract, the staff regulations or a collective labour agreement:

  • In the 1st year of service (during the first year): 1 month to the end of a month.
  • From the 2nd to the 9th year of service: 2 months to the end of a month.
  • From the 10th year of service: 3 months to the end of a month.

Example: if you have been with the company for 4 years, a notice period of 2 months applies. If you terminate the employment relationship on 15 September, the period runs exactly until 30 November. The employment relationship ends at the end of the month.

2. Formal requirements: does simple written form apply?

A common misconception in Swiss employment law concerns the form of the termination.

  • Freedom of form in principle: under the law (CO), a termination is in principle valid without any particular form — meaning that in theory it could even be given orally.
  • The contractual reality: in the overwhelming majority of Swiss employment contracts, staff regulations or collective labour agreements, written form is expressly agreed.
  • Why a physical signature is compulsory: if the contract requires written form, the termination letter must be printed out and signed by hand on the original by the terminating party. An email, a WhatsApp message or a digital PDF without a genuine signature is formally invalid in this case and misses its effect. Furthermore, the receipt principle applies in employment law too: the termination must arrive physically within the recipient's sphere of control (in the letterbox or on the employer's desk) by the last day before the notice period begins.

3. Summary dismissal as a sharp exception (Art. 337 CO)

Alongside ordinary termination, Swiss law recognises summary dismissal (and the employee's immediate departure).

  • The hurdle: this is the absolute legal emergency exit and is tied to extremely strict conditions. Immediate dissolution is only justified where a ground is so serious that, in good faith, the terminating party can no longer be expected to continue the employment relationship even for the length of the notice period (theft, assault, a serious breach of trust or persistent refusal to work).
  • The duty to act at once: a summary dismissal must be declared as soon as the incident becomes known; anyone who waits for days forfeits the right to take that immediate step.

4. Step by step: terminating an employment contract correctly

  • Check the contract and the deadlines: consult your employment contract to verify the exact notice period and the agreed date (usually the end of the month).
  • Draft the termination letter: write a precise, factual letter (see the template below) with all the necessary personal details and the exact end date.
  • Sign by hand: print the document out and add your genuine, original handwritten signature.
  • Send or hand it over in good time: either hand the letter over in person against confirmation of receipt (the employer's signature on a duplicate copy) or send it in good time with sufficient buffer as a registered letter.

5. Legally sound template: terminating an employment contract

Use this professional template text, adjust the square brackets and submit the document in the correct form:

[Your first and last name][Your street and number][Postcode and town][Your personnel or employee ID, if known]
[Name of the company / employer][Name of the HR department / line manager][Street and number][Postcode and town]
[Your town], [date, e.g. 15.09.2026]
Subject: termination of the employment contractEmployee / personnel number: [enter your number here]
Dear Sir or Madam / Dear Ms/Mr [name]
I hereby terminate the employment contract I entered into with you on [start date of the employment contract] as [your job title], in compliance with the contractual or statutory notice period, as of **[exact end date of the contract, e.g. 30 November 2026]**.
Please confirm receipt of this termination and the exact end date in writing. I also ask you to issue a full reference as well as the final settlement of the remaining salary and any outstanding holiday entitlement as of the leaving date.
Thank you for the collaboration and the experience gained.
Yours faithfully
_________________________________________[Your handwritten signature][Your first and last name in block letters]

Conclusion and next step: handle it digitally and on sound legal footing with Kündigen24

A termination in employment law demands absolute formal discipline — from calculating the deadline correctly, through observing written form, to complete proof of delivery by registered post.

Would you like to draw up your employment termination on sound legal footing, or handle it digitally and without complication? Save yourself the trip to the post office and unnecessary paperwork: use our integrated service at Kündigen24 to generate and manage your documents on sound legal footing and start an automated, evidence-backed dispatch in Switzerland in a few clicks.

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