Notice periods, abusive termination, summary dismissal: the key rules under Art. 335 et seq. CO — compact and with practical examples.
Switzerland operates under freedom of termination — employment relationships can be terminated by either party without giving reasons, provided notice periods and protection periods are observed. This makes Swiss labour law more liberal for employers than that of many EU states, but provides employees with protection through compensation claims, not through rights to continued employment.
Under Art. 335c CO: 1 month in the 1st year of service, 2 months in years 2-9, 3 months from the 10th year — in each case to the end of a month. Longer periods can be agreed in the individual employment contract or CBA; a shortening below the statutory values is only possible by mutual agreement and is mandatory only in the first three months (probation).
During probation a notice period of 7 days applies (Art. 335b CO), unless the contract provides otherwise. The probation period is statutorily one month and can be contractually extended to a maximum of three months. It can be extended if work is interrupted due to illness, accident or statutory duty.