Resignation and job change: notice periods, rights and timing

By law, after the probation period a notice period of one month to the end of a month applies (Art. 335c CO). During probation it is seven days. Longer periods may be agreed contractually – but they must be the same for both sides.

Important for planning: the period starts on the day the notice reaches the recipient, not on the day it is sent. Registered mail is therefore standard; email is legally possible, but written form with proof of delivery is easier to prove.

In collective agreements (GAV) and executive contracts, three to six months are common. If you want to move, you should know your own notice period before the interview is scheduled – employers almost always ask for the earliest possible start date.

Switzerland has no general obligation to give reasons for a dismissal – but it protects against abusive dismissal (Art. 336 CO), for example because of membership in an association, the exercise of a constitutional right or in retaliation for a claim.

During certain periods a dismissal is invalid in any case (blocked periods, Art. 336c CO): in the event of illness or accident up to 30 days in the first year of service, longer thereafter; during pregnancy for the whole pregnancy and 16 weeks afterwards; during military, civil defence or civilian service.

Anyone who believes they have been dismissed abusively must raise a written objection with the party giving notice before the notice period expires, but at the latest within 180 days of the dismissal (Art. 336a CO). After that, only the courts remain – with deadlines you need to know.

The order is decisive: first the new contract, then the resignation. Check these points beforehand:

• New employment contract signed – including a start date that fits your notice period.
• Right to a reference letter (Art. 330a CO): a complete, benevolent reference – ideally an interim reference before the move.
• Remaining holiday and overtime: clarify whether it will be taken or paid out; on termination, untaken holiday must in principle be compensated.
• Bonus and commissions: are they due pro rata? Many contracts regulate this expressly – usually to the detriment of the person resigning.
• Non-compete agreement (Art. 340 CO): does it continue to apply, and was it validly agreed?

If you can be released from work, you should raise it: paid leave during the notice period is often negotiable and makes the job search easier.

A resignation is a unilateral declaration that must reach the other party. A one-line letter is legally sufficient:

"I hereby terminate my employment relationship with effect from 30 September 2026, observing the contractual notice period."

What you should not write: no reasons, no accusations, no request for understanding. A reason is not required and can later be used against you.

Formally unnecessary but sensible: hand over the resignation in person and have receipt confirmed, or send it by registered mail with return receipt. In Switzerland the postmark date is not decisive.

The most common mistake in a new dossier is a gap between leaving and starting that is not explained. Three rules:

• Search in parallel, not afterwards. Use the notice period actively for the job search – not only after the last working day.
• State the notice period. In the CV, "Notice period: 3 months, available from 1 April 2027" is enough. It replaces long explanations.
• Name short gaps. "Sabbatical May to July 2026" or "CAS Project Management, further education" is better than an unnoticed gap that becomes an issue in the interview.

For the position you are leaving: write the results you achieved into the CV – not just the tasks. When you move on, you are measured by what you leave behind.

The reference letter is often the most important document in a move. You are entitled to a full reference stating the nature and duration of the employment relationship as well as an assessment of performance and conduct; on request, a restriction to nature and duration can be asked for.

Check the reference before your last day: a missing formula of benevolence, omissions or ambiguous wording should be raised while the relationship is still unburdened. Corrections can later only be enforced through legal action.

References are less standardised in Switzerland than in the Anglo-Saxon world – work references largely replace them. Anyone naming references should obtain their consent beforehand and keep the phone numbers up to date.