Publié le 26.07.2026 · Dernière revue des sources : 26.07.2026 · Notre méthode

Swiss employment contract: what the Code of Obligations really guarantees

In Switzerland, your employment contract rests on the Code of Obligations (CO): it sets a minimum floor your employer cannot reduce — holidays, notice periods, work certificate. But not everything is in it: the 13th salary, for example, comes from custom or the contract, not the law. Here, article by article, is what the CO really guarantees and what’s left to negotiate.

Two levels sit on top of each other in a Swiss contract. The legal floor (CO and Labour Act) is binding: minimum holidays, notice periods, right to a certificate, protection in case of illness or pregnancy. The rest — 13th salary, bonus, holiday weeks beyond the minimum — comes from the contract or a collective agreement (CCT). This guide cites each rule by its article; the figures are sourced and dated (consulted in July 2026). The CO applies to any job carried out in Switzerland, whether you are a resident or a cross-border worker.

What does the Code of Obligations actually guarantee?

The CO is the law that governs the private employment contract. Some of its rules are mandatory: neither your employer nor you can depart from them to your detriment. Others are minimums or default rules that the contract can improve on. Remember this distinction, it avoids many misunderstandings. A contract can offer you more than the law; it can never offer you less on the protected points.

Holidays: how many weeks the law guarantees you

The legal minimum is four weeks of holiday a year (art. 329a CO). It rises to five weeks for workers up to and including age 20. These are floors: your contract or CCT can grant more, never less.

You are also entitled to at least two consecutive weeks per year of service (art. 329c CO). Holidays cannot be imposed on you day by day against your will. Dates are set by agreement; the employer takes your wishes into account so far as compatible with the running of the business.

Probation: the phase where everything moves faster

Unless otherwise agreed, the first month is a probation period (art. 335b CO). The parties can extend it by written agreement, up to three months at most. During this period, each side can terminate the contract with a notice of seven days. This period runs in calendar days and can end on any day of the week.

Notice periods: within what timeframe can the contract be ended?

Once probation is over, the notice period — the “préavis” — lengthens with your seniority (art. 335c CO). It applies identically to you and your employer, and notice takes effect at the end of a month.

Seniority	Notice period	Legal basis
Probation (1st month by default)	7 days	art. 335b CO
1st year of service	1 month, for the end of a month	art. 335c CO
From the 2nd to the 9th year	2 months, for the end of a month	art. 335c CO
From the 10th year	3 months, for the end of a month	art. 335c CO

The contract can change these periods by written agreement, but two safeguards apply. They must remain equal for both parties. And they cannot drop below one month after probation — except a CCT, and only for the first year (art. 335c para. 2 CO).

Is the 13th salary mandatory?

A very widespread custom, not a law

The Code of Obligations provides for no 13th salary. It is not a legal right: you are only entitled to it if it is written into your contract, provided for by a CCT, or paid so regularly as to create a custom. It is common in Switzerland, but never automatic — check your contract rather than assuming it.

A 13th salary is not a bonus

Not to be confused: the 13th is a part of the salary (often an extra twelfth paid at year-end), so it is due once provided for. A bonus, by contrast, can remain discretionary. The two don't add up automatically: read what your contract guarantees and what it leaves to the employer's decision.

The exceptions by branch

Some collective agreements make it mandatory. That is the case in hospitality and catering, whose national CCT imposes a 13th salary. Check whether a CCT covers your sector: it can turn a custom into a firm right.

Work certificate: a right you can require

At the end of your employment — and even during the contract — you can require a work certificate (art. 330a CO). It is a mandatory right: your employer cannot refuse it to you, even if you part on bad terms. The request remains possible at any time, up to ten years after the end of the employment relationship.

The full certificate covers the nature and duration of the employment, as well as the quality of your work and your conduct. At your request, it can be limited to the nature and duration of the employment (a simple attestation). For a cross-border worker, this document builds your Swiss professional reputation: references count as much here as in your Swiss CV.

Working hours and overtime

The maximum working time comes under the Labour Act (LTr), not the CO: 45 hours a week for office, technical, industrial and retail staff, 50 hours for other branches.

Overtime — beyond your contractual hours — is compensated, under art. 321c CO, by a salary uplifted by at least 25% or, with your agreement, by time off of at least equal length. A written agreement can, however, reduce or remove this uplift. Distinguish it from excess work: exceeding the legal limits (45 or 50 hours), whose compensation cannot be removed by contract.

When is your employer not allowed to dismiss you?

After probation, the CO protects you against dismissal at an inopportune time (art. 336c CO). Your employer cannot dismiss you during certain periods: incapacity for work due to non-fault illness or accident, pregnancy and 16 weeks after childbirth, or compulsory service.

The length of protection in case of illness or accident depends on your seniority: 30 days in the first year, 90 days from the 2nd to the 5th year, 180 days from the 6th. A notice given during such a period is void. If it was given before, the notice period is suspended and resumes only after the end of the protection period.

Key points

Holidays: four weeks minimum, five up to and including age 20 (art. 329a CO).
Notice after probation: one month in the 1st year, two months up to the 9th, three from the 10th (art. 335c CO).
The work certificate is a mandatory right, during employment as well as at departure (art. 330a CO).
The 13th salary is not legal: it depends on your contract or a CCT — read it before signing.
The contract protects you once signed; you still have to land the offer — and there, it all comes down to your application.

Practical tips

Before signing, look in black and white for the 13th salary, the occupancy rate and the notice period: what isn’t written isn’t owed, beyond the legal minimum.
Ask whether a CCT covers your post: it can grant you more than the CO — holidays, 13th salary, notice periods.
Note the exact end date of probation: past it, your notice jumps from seven days to one month at minimum.
Keep your Swiss work certificates: they serve your next applications, where references are genuinely called.
If in doubt about a period or a clause, rely on the official SECO FAQs rather than a forum.

Common mistakes

Believing the 13th salary is automatic. It is not in the law: without a contract clause or an applicable CCT, nothing imposes it.

Confusing 13th salary and bonus. The 13th is a fixed part of the salary; the bonus can stay discretionary — the two don't stack automatically.

Forgetting the probation end date. The notice period jumps from seven days to one month: a day more changes everything.

Giving up your work certificate. It is a mandatory right: you can require it even after a conflictual departure, and up to ten years later.

Accepting an unequal notice period. A different notice period for you and the employer is not valid — the law wants them equal after probation.

Frequently asked questions

Is the 13th salary mandatory in Switzerland? No. The Code of Obligations provides for no 13th salary: it is not a legal right. You are only entitled to it if it appears in your contract, if a collective agreement (CCT) provides for it, or if it has been paid so regularly as to create a custom. It is very widespread, but never automatic — read your contract rather than assuming it. Some branches are an exception: the national CCT for hospitality and catering, for example, makes it mandatory.

How many weeks of holiday does the law guarantee? Four weeks a year at minimum, and five weeks for workers up to and including age 20 (art. 329a CO). These are floors: your contract or CCT can grant more, never less. You are also entitled to at least two consecutive weeks of holiday per year of service (art. 329c CO).

What is the notice period after probation? It depends on your seniority (art. 335c CO): one month during the first year of service, two months from the second to the ninth year, then three months from the tenth. Notice takes effect at the end of a month. These periods apply identically to you and your employer; a written agreement can change them, but not make them unequal or drop below one month after probation (except a CCT, in the first year).

Can my employer refuse to give me a work certificate? No. The work certificate is a mandatory right (art. 330a CO): you can require it at any time, during employment as well as at the end, and even after a conflictual departure. The request remains possible up to ten years after the end of the employment relationship. The full certificate covers the nature and duration of the employment, as well as the quality of your work and your conduct.

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Official sources

SECO — FAQ Holidays (art. 329a and 329c CO) (accessed on 26/07/2026)
SECO — FAQ Termination of contract (probation art. 335b, notice periods art. 335c) (accessed on 26/07/2026)
SECO — FAQ Work certificate (art. 330a CO) (accessed on 26/07/2026)
SECO — FAQ Overtime (art. 321c CO) and excess work (Labour Act) (accessed on 26/07/2026)
Code of Obligations (CO / SR 220) — art. 321c, 329a, 329c, 330a, 335b, 335c, 336c (accessed on 26/07/2026)

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