Employment contract in Switzerland: Template, Key Clauses and Local Law (2026)

What a Swiss employment contract is, and the law behind it The individual employment contract in Switzerland is governed by the Code of Obligations (Obligationenrecht / Code des obligations, the CO/OR), Articles 319 and following. The CO sets out the core duties and the default rules on probation and notice, and some of its protective provisions cannot be contracted away to the employee's detriment. There is no statutory national minimum wage, although a few cantons set their own. In some industries a collective labour agreement adds further terms. An employment contract does not have to be in writing to be valid; it can be concluded orally or by conduct. In practice, though, a written contract is standard and strongly advised, and a few specific terms, such as certain deviations from the default notice and probation rules, are only effective if agreed in writing. This article is general guidance, not legal advice. Have a Swiss employment adviser review a contract before you rely on it. ## What Swiss law requires in 2026 - Form. No general writing requirement, but written form is needed to vary some default rules and is the sensible norm. The language usually follows the canton (German, French or Italian).

• Probation (Article 335b CO). The first month of an open-ended employment is probation by default. The parties can agree in writing to a different period, up to a maximum of three months. The probation period can be extended only for limited reasons such as illness, accident or legal obligations like military service that interrupt it.
• Notice during probation. Seven days notice applies during probation by default, and the parties can agree a different notice period in writing.
• Notice after probation. For an open-ended contract the statutory notice is one month during the first year of service, two months from the second to the ninth year, and three months from the tenth year. These can be varied by written agreement within the limits set by the CO, but not below one month except during probation.
• Protection against wrongful and untimely dismissal. The CO protects against abusive dismissal and sets blocking periods during which notice cannot be given, such as certain periods of illness, accident, pregnancy and military service.
• Wages and the 13th salary. Pay is as agreed; a 13th-month salary is common but not a statutory requirement unless the contract or a collective agreement provides it.
• Social security. The employer deducts and pays social security contributions (AHV/AVS and others) and accident insurance. ## Swiss employment contract template Copy the block below and fill the bracketed fields, in the language of the canton. Put any deviation from the default notice or probation rules in writing. ``` EMPLOYMENT CONTRACT (ARBEITSVERTRAG / CONTRAT DE TRAVAIL) Made on [DATE] BETWEEN: [EMPLOYER NAME], [registered office] ("Employer") AND [EMPLOYEE NAME], [address] ("Employee") 1. POSITION AND START DATE Position: [title]. Duties: [summary]. Place of work: [location]. Work starts on [DATE]. 2. PROBATION The probation period is [1 month by default / up to 3 months if agreed here in writing], with 7 days notice during probation [or as agreed]. 3. WORKING HOURS [Weekly hours], within the statutory maximum. Overtime and compensation as agreed and per the CO. 4. SALARY Gross salary of [amount] CHF per [month], paid on [date]. [13th-month salary: yes or no.] [Expenses as agreed.] 5. HOLIDAY Paid annual leave of at least the statutory minimum [4 weeks, 5 weeks for employees under 20]. 6. NOTICE After probation, statutory notice under the CO: 1 month in year one, 2 months in years two to nine, 3 months from year ten, to the end of a calendar month [or as agreed in writing]. 7. CONFIDENTIALITY AND NON-COMPETE The Employee keeps the Employer's information confidential. [Any post-employment non-compete is a separate, limited clause meeting the CO.] Signed: Employer ____________ Employee ____________ Name / date Name / date

- **Notice (clause 6).** The statutory bands rise with service, and notice runs to the end of a calendar month. Deviations need to be in writing and stay within the CO limits, so tie the clause to the CO rather than inventing figures.
- **Protection periods.** Remember the blocking periods during which notice cannot validly be given, such as certain illness, accident, pregnancy and military service. Giving notice in a blocked period can make it ineffective.
- **Non-compete.** A post-employment non-compete under the CO must be in writing and limited in time, place and scope, and is only enforceable where the employee had insight into clientele or trade secrets that could cause real harm. Keep it separate and narrow. ## Red flags to avoid - A probation period longer than one month that was not agreed in writing, or longer than the three-month maximum.
- Notice terms below the statutory floor outside probation.
- Giving notice during a protected blocking period, which can be ineffective.
- A broad, unlimited non-compete that the CO will not fully enforce.
- Assuming a 13th-month salary is mandatory when it depends on the contract or a collective agreement.
- Ignoring an applicable collective labour agreement that adds terms. ## Where a contract workspace helps A template gives you a workable Swiss employment contract. The ongoing work is keeping probation and notice within the CO, putting any deviations in writing, watching the protected blocking periods, and tracking notice windows across a team. Drafting or reviewing an employment contract, checking it against the Code of Obligations, editing a clause in plain language and tracking probation and notice dates can sit in one AI contract workspace tuned to how your company hires. [Adira](https://adiralaw.com) is built around that shape: it drafts from a template, models the contract as linked clauses so it can flag a probation period over three months or notice below the statutory floor, lets you edit by instruction, and keeps key dates on one timeline. Adira is India-first today, and deeper Switzerland-specific coverage is on its roadmap rather than a settled claim, so use it for drafting and review and keep a Swiss adviser for the local-law call. The template above is enough to start a fair contract on its own. Last verified October 2026.