A quick question: is there a 3 months legal notice period that the employer must give and the employees are obligated to work? This is if both parties can't come to a mutual agreement otherwise.
Thank you!
Hello everyone,
Simple answer, it depends.
How long have they worked there? What does it say in their contract?
There is no standard across the board notice period, it is specified in your work contract.
Most common in my experience is 2-3 months and can even extend to 6+ months.
As others wrote, it depends on the contract. Swiss law defines the minimum notice periods for open-ended employment contracts:
- during the probation period: seven calendar days
- during the first year of employment: one month, from the last day of the month (e.g. if employment is terminated on 13 June and the notice period is one month, your contract will end on 31 July)
- from the second to the ninth year of employment: two months, from the last day of the month
- from the tenth year of employment onwards: three months, from the last day of the month
For fixed-term contracts, there is by default no notice period and the contract just ends as per agreement.
In any contract, a longer notice period may be agreed by both parties. For fixed-term contracts, a notice period may also be agreed.
As mentioned, these are minimum but they can be more and are almost always same for employer/employee.
Simple answer, READ YOUR CONTRACT !! that will be only definite answer that has any bearing.
1. Read your contract.
2. If not written there, then refer to the OR (Obligationenrecht) which provides the minimum requirements by law.
Not almost always. Always. If they are different, the longer will apply.
Art. 335a Code of Obligations