Switzerland Labor Laws and HR Statutory Requirements
Maternity and Paternity Leave
The Swiss employment system provides statutory maternity and paternity leave under federal social insurance law, funded through the loss-of-earnings compensation scheme.
Maternity and paternity leave entitlements are governed by the Swiss Federal Act on Loss of Earnings Compensation (EOG) and related provisions in the Swiss Code of Obligations.
Leave entitlements are administered within employer payroll and HR processes in accordance with statutory requirements.
Key statutory entitlements include:
|
Leave Type |
Duration |
Pay |
|
Maternity leave |
14 weeks (98 days) after birth |
80% of average salary (capped) |
|
Paternity leave |
2 weeks (10 working days) |
80% of average salary (capped) |
Maternity leave benefits are not paid directly by employers but are financed through mandatory payroll contributions to the loss-of-earnings compensation system (EO/APG), shared between employers and employees.
The system is administered through Swiss compensation offices under the oversight of the Swiss Federal Social Insurance Office.
Annual Leave Requirements
Regardless of employee status e.g., Full or Part-time, employees are entitled to at least four weeks’ vacation per year. For employees under age 20, the number of entitled weeks is increased to five.
Employment contracts or collective labor agreements may extend the above time allotments but not reduce the base entitlement.
Additional information on vacation and paid time off can be found on the Swiss information portal.
Retirement Requirements
Switzerland operates a three-pillar retirement system designed to provide retirement income through a combination of state, occupational, and private provision.
Under the Swiss three-pillar system, mandatory occupational pension arrangements generally involve employer participation through payroll.
Retirement obligations are governed primarily by the Swiss Federal Act on Old-Age and Survivors’ Insurance (AHVG/LAVS) and the Swiss Federal Act on Occupational Old-Age, Survivors’ and Disability Pension Plans (BVG/LPP).
Key retirement components include:
|
Pillar |
Name |
Mandatory |
Who Contributes |
|
1st |
AHV / AVS
(State pension) |
Yes |
Employer & employee |
|
2nd |
BVG / LPP
(Occupational pension) |
Yes
(above threshold) |
Employer & employee
(≥50% employer) |
|
3rd |
Private pension savings |
No |
Individual |
Retirement income in Switzerland is administered through compensation offices and pension institutions under the oversight of the Swiss Federal Social Insurance Office.
Termination Requirements
Employment termination in Switzerland is governed by the Swiss Code of Obligations, which sets out statutory notice periods, termination protections, and procedural requirements. In general, Swiss employment law follows a liberal termination regime, meaning that employment contracts may be terminated by either party without providing a specific reason, provided statutory notice periods are observed.
Key termination rules include:
Notice periods (ordinary termination)
Unless otherwise agreed in the employment contract or collective labor agreement, minimum statutory notice periods apply:
|
Length of Service |
Minimum Notice Period |
|
Probation Period |
7 Days |
|
One Year |
1 Month |
|
Two to Nine Years |
2 Months |
|
10+ Years |
3 Months |
Form of termination
Termination is subject to statutory and contractual notice requirements; written notice is strongly recommended and often required by contract.
Termination protection (restricted periods)
Swiss law restricts termination during certain protected periods, including:
- Illness or accident (after a defined duration of employment)
- Pregnancy and maternity protection period
- Military or civil service
Immediate termination (summary dismissal)
Immediate termination without notice is permitted only for serious causes, such as gross misconduct or significant breach of duty.
Probation period
During probation (typically up to 3 months unless otherwise agreed), shorter notice periods apply, and termination is generally more flexible.
Termination processes are governed by statutory rules, contractual provisions, and collective agreements, which may set out notice requirements and employee protections.
Redundancies
Under Swiss law, there is no strong distinction between redundancies than with other dismissals, which is atypical when compared with other EU countries. Therefore, redundancies are typically treated as a business or operational reason for termination.
Swiss law generally does not provide for statutory severance pay, except in limited circumstances under Article 339b of the Swiss Code of Obligations in cases where an employee has reached 50 years of age and has completed 20 or more years of service. However, employment contracts or collective labor agreements may include such provisions.
Public and Bank Holidays
The only federal public holiday is Swiss National Day (August 1). Switzerland does not have a single nationwide system of public holidays. Instead, public holidays are determined at the cantonal level, which means they may vary significantly.
Employment law does not set a uniform holiday entitlement; instead, public holiday observance is governed by cantonal regulations and employment contracts.
|
Holiday Category |
Notes |
|
Federal public holiday |
Swiss National Day (August 1) |
|
Cantonal holidays |
Determined by each canton |
|
Religious holidays |
Observed depending on canton |
|
Bank holidays |
Typically follow cantonal public holidays |
|
Paid holiday rules |
Defined by canton, contract, or CLA |
A general overview of Swiss public holidays by canton can be found through official cantonal government portals and authorities.