Employment contracts in Switzerland: key terms, probation and notice
A clear employment contract prevents misunderstandings about pay and working hours. It must also respect mandatory employee protections and any applicable collective agreement.
Swiss employment contracts: the essentials
An employment contract governs work performed for an employer in return for pay. Under Swiss private law, an ordinary contract can generally be oral or arise from the parties’ conduct. A written agreement is strongly recommended, and some contracts or clauses have specific formal requirements.
Signing a document does not make every clause enforceable. Mandatory law and the applicable provisions of a collective employment agreement must still be respected.
Before hiring or accepting a role, check duties, pay, hours, annual leave, insurance, probation and termination. This guide focuses on private-sector employment. Public-sector appointments and special regimes may follow different rules.
Must a Swiss employment contract be in writing?
The absence of a signed document does not necessarily mean there is no employment relationship. Someone who starts paid work accepted by the employer can acquire rights before the planned paperwork is complete.
For an indefinite relationship or one lasting more than a month, the employer must provide specified information in writing no later than one month after work begins: the parties, start date, role, salary and supplements, and weekly working hours. Changes to these terms must also be communicated within the statutory timeframe.
This minimum information is not a substitute for a complete contract. Settling the terms before the start date helps avoid later disputes about a thirteenth salary, schedules or restrictions.
Some clauses require written form to achieve their intended effect. Apprenticeship contracts have their own requirements. Emails and electronic signatures must be assessed against the particular formality: written evidence is not always equivalent to a legally valid signature.
Fixed-term versus indefinite employment
| Type | General rule | Main point to check |
|---|---|---|
| Indefinite-term contract (CDI in French) | Continues until terminated | Notice period and permitted termination date |
| Fixed-term contract (CDD in French) | Normally ends on the agreed date | No automatic right to terminate early with ordinary notice |
| Contract with a special duration or exit mechanism | Depends on the valid agreed structure | Check legal classification and consistency |
A fixed-term contract does not become freely terminable before its end date because plans change. Consider any valid early-exit clause, mutual agreement or sufficient grounds for immediate termination. Repeated fixed-term contracts can raise issues if used to circumvent protection.
An indefinite contract—often called a permanent contract in English—is not a guarantee of lifelong employment. It has no pre-agreed end date but can be terminated under the applicable rules.
Choose the term to match the real business need. For a first hire, assess the implications of an early departure before assuming a fixed-term contract is simpler.
Which terms should be clearly agreed?
Describe the role and workplace clearly. A broad mobility clause can have significant consequences and should be understood by both parties.
State gross salary, payment frequency and number of annual instalments. Separate a guaranteed thirteenth salary from a conditional bonus. Do not mix expense reimbursements with guaranteed remuneration.
Specify weekly hours and their distribution. For part-time work, state the full-time reference. Explain authorisation, recording and compensation of additional hours without trying to waive mandatory limits. See our guide to working hours and overtime.
If the contract incorporates policies, identify them and make them available. A vague reference to undisclosed internal rules is unhelpful for both implementation and evidence.
Review insurance, sick-pay arrangements, pensions and confidentiality. A non-compete clause needs its own analysis: putting it in writing does not ensure that it is valid or enforceable in every situation.
How long is the probation period?
For an indefinite contract, the first month is generally probation by default. A written agreement, collective agreement or standard employment contract can alter it within the three-month legal maximum. Fixed-term contracts do not automatically have the same statutory probation period; check any specific agreement.
During probation, the default notice period is seven calendar days, subject to a valid variation. Do not treat these as seven working days without a basis.
Certain interruptions, including illness or accident, can extend probation under the statutory rules. Recalculate the end date where necessary rather than assuming it always ends exactly three months after joining.
Probation is not unpaid work and does not remove insurance obligations. Productive work carried out under an employer’s direction should not arbitrarily be labelled a “free trial”.
Pay, holiday and sickness protections
Agreed pay must respect applicable cantonal and collective minima. For work normally performed in the canton of Geneva, check the cantonal minimum wage and its exceptions (official guidance in French). The employer’s registered office alone does not settle the question; check any applicable collective agreement as well. Geneva’s ordinary minimum is CHF 24.59 per hour in 2026 within its scope. The monthly equivalent depends on hours and the pay elements concerned. Read our Swiss salary guide for the distinction between market pay and a legal minimum.
Statutory annual leave is generally four weeks per service year for adults and five weeks for employees under 20. A contract or collective agreement may provide more. Part-time employees retain an entitlement expressed in weeks, with days or hours calculated against their schedule.
Sick pay depends in particular on article 324a of the Code of Obligations and any equivalent insurance arrangement. Continued salary payment and protection against dismissal are separate mechanisms.
Gross salary is not necessarily the amount received in the bank. Social security deductions and applicable withholding tax must be processed correctly. Any net-pay estimate should state its assumptions.
Notice periods after probation
For an ordinary indefinite private-sector contract, the default statutory notice periods are:
| Length of service | Default notice | Normal termination date |
|---|---|---|
| First service year | 1 month | End of a month |
| Second to ninth service year | 2 months | End of a month |
| From the tenth service year | 3 months | End of a month |
A valid contract, collective agreement or standard employment contract may vary these periods within legal limits. Read the applicable terms before using the table.
Receipt of notice matters. A letter posted on the last day of a month but received in the following month may miss the intended date. Respect any valid written-form requirement.
After probation, certain protected periods prevent an employer from giving valid notice or suspend a notice period already running. For illness or accident without fault, protection is generally 30 days in the first service year, 90 days in years two to five, and 180 days from year six. Pregnancy and the period following childbirth have specific protection too.
These rules do not apply identically to resignation, the ordinary expiry of a fixed-term contract or termination during probation. Immediate dismissal requires sufficient grounds; it is not simply a faster alternative to ordinary notice.
Practical checks before signing
Read the contract and appendices together. Resolve inconsistencies such as twelve salary instalments in one section and thirteen in another. Ensure an 80% schedule agrees with pay and leave calculations.
Check the applicable collective agreement—CCT in French, GAV in German—and obtain the correct versions of incorporated policies. Identify who approves expenses, overtime and schedule changes.
Employers must also arrange social insurance registration and any necessary permit or notification. Signing the employment contract does not perform those steps.
Employees should clarify variable pay, work location and post-employment restrictions before signing. A useful contract is one both parties can understand and put into practice.
Frequently asked questions
Is an oral employment contract valid in Switzerland?
Generally yes for ordinary employment. Written terms are strongly recommended, specified information must be provided in writing, and some contracts or clauses require a particular form.
Can an ordinary contract provide six months of probation?
The ordinary statutory maximum is three months, subject to lawful extensions for certain interruptions. A signature alone does not validate a six-month clause.
Can I leave a fixed-term job with one month’s notice?
Not automatically. Check the contract and any legal basis for early termination. The ordinary notice rule for indefinite employment does not automatically apply.
Does illness always extend employment?
No. It depends on the contract type, probation, who gives notice and the timing. Sick-pay rights are a separate issue.
Can the contract undercut an applicable collective agreement?
It cannot freely displace mandatory applicable provisions. Check the agreement’s scope and the particular rule.
Sources and further reading
Updated on 18 September 2026, based on the official guidance below. Worked examples are illustrative and state their assumptions. Individual circumstances may require a separate assessment.
