How to resign in Switzerland: notice periods and resignation letter

In Switzerland, resigning legally means terminating an employment contract of indefinite duration (art. 335 CO, Swiss Code of Obligations). You do not have to give reasons for your decision, but you must respect the applicable notice period. Swiss law provides the same notice periods for the employee and the employer (art. 335a CO), and the rules below apply unless your contract, a standard employment contract or a collective labour agreement (CCT) provides otherwise.

During the probation period, which in principle is the first month, the contract can be terminated with seven days' notice, effective on any day (art. 335b CO). After the probation period, the statutory notice period is one month during the first year of service, two months from the second to the ninth year, and three months thereafter (art. 335c CO). These notice periods run to the end of a month. A written agreement or a CCT may provide for different periods, but outside a CCT they cannot be shorter than one month.

What counts is not the date you send your letter, but the date your employer receives it. Example: if you are in your third year of service and want to leave at the end of June, your resignation must be received by 30 April at the latest. A letter that arrives on 2 May only takes effect for the end of July. So allow enough time, especially if you send it by post.

The law does not require any particular form for a resignation, but many contracts require it to be in writing. In any case, a signed letter is strongly recommended, because it is up to you to prove that notice was given on time. You can send it by registered post or hand it over in person, asking your manager to date and sign a copy. A simple email or a verbal message is risky if there is a dispute.

Protection against termination at an inopportune time (art. 336c CO), which extends the notice period in the event of illness, accident or pregnancy, only applies when it is the employer who dismisses you. If you fall ill during your own notice period, the end date remains unchanged. During the notice period, you are entitled to the time you need to look for a new job (art. 329 al. 3 CO).

Also think about your remaining holiday balance. In principle, holidays cannot be replaced by money while the contract is still running (art. 329d CO). Your employer can ask you to take them during the notice period where this remains reasonable; days that cannot be taken are paid with your final salary. At the same time, request your employment reference (work certificate) (art. 330a CO), which is essential for your future job applications.

Finally, consider the consequences for unemployment insurance. Leaving a suitable job without being sure of having a new one is generally considered a serious fault, which leads to a suspension of the right to benefits of 31 to 60 days (art. 30 LACI and art. 45 OACI). Valid reasons, for example medical ones, can be taken into account if they are documented. Ideally, sign your new contract before you resign.

SwissDoc helps you write a clear resignation letter that states the end date of your employment, your remaining holiday balance and your request for an employment reference. Your first three documents are free, no credit card required.