Ending an employment relationship: notice, mutual termination and entitlements
9 tasks in suggested order
1. First determine how the employment relationship ends
Distinguish between resignation by the employee, dismissal by the employer, a mutual termination agreement and the automatic end of a fixed-term contract. Also check whether your employment is governed by private law; public-sector employment may follow special rules. The type of ending determines which deadlines, protections and next steps matter.
Before giving notice or signing an agreement; immediately if notice has already been received.
Check the employment contract, applicable collective/standard employment agreement and official SECO guidance; the declaration itself is between the contracting parties.
Employment contract, applicable collective/standard agreement, any notice received or draft mutual termination agreement and the intended/stated end date.
For private-law employment contracts, notice can generally be given orally unless the contract, collective agreement or standard employment contract requires writing; SECO recommends written notice for evidence.
Official source: Staatssekretariat für Wirtschaft SECO
2. Check the notice period and correct end date
For ordinary notice, next check the applicable notice period and termination date. After probation, the statutory periods are generally 1 month in the 1st year of service, 2 months in the 2nd to 9th years and 3 months from the 10th year, normally to the end of a month; a written agreement, standard employment contract or collective agreement may provide permitted variations. Always use the rule that actually applies to your employment.
Before giving notice or immediately after receiving notice.
Check the employment contract and any collective/standard agreement; statutory basics are in the official SECO guidance.
Employment start date, date notice was received, employment contract and applicable collective/standard agreement rules.
Receipt of notice is decisive, not merely the sending date. Probation and special protected periods can change the calculation.
Official source: Staatssekretariat für Wirtschaft SECO
3. If the employer gave notice, immediately check protected periods and abusive dismissal
If applicable: If the employer gave notice or you consider the dismissal invalid/abusive.
If the employer dismissed you, immediately check whether a statutory protected period or grounds for abusive dismissal may apply. To claim compensation for an abusive dismissal, you must object to the employer in writing before the notice period ends; the court action must then be filed no later than 180 days after the employment relationship ends.
Immediately after receiving the employer’s notice; do not wait for the final payroll before dealing with these deadlines.
First review the employer’s notice and documents; in a dispute, use the competent civil court. Exact court jurisdiction depends on the specific employment relationship and venue rules.
Notice letter, employment contract/collective or standard agreement, relevant correspondence and evidence concerning illness, accident, pregnancy, service obligations or the alleged abusive ground, as applicable.
Protected periods do not apply in the same way to every type of termination. This step is especially relevant when the employer gives notice; seek qualified legal advice early if uncertain.
Official source: Staatssekretariat für Wirtschaft SECO
4. Clarify remaining holiday before employment ends
Clarify with the employer how outstanding holiday will be handled during the notice period. Holiday should, where possible, actually be taken during the notice period; whether taking it or exceptionally paying it out is appropriate depends in particular on who gave notice, the length of the notice period and the amount of holiday outstanding.
As soon as the end date is known, before the last working day.
With the employer/HR; disputes are governed by employment-law rules and may require court clarification.
Current holiday balance, already approved leave and notice period/end date.
The employer cannot in every situation impose remaining holiday at short notice; when the employer gave notice, the employee’s job search must also be taken into account.
Official source: Staatssekretariat für Wirtschaft SECO
5. Check final salary, overtime and outstanding claims
Before leaving, compare your working-time and pay records with the final payroll. Outstanding overtime, supplements or other pay components depend on the law, employment contract and any applicable collective/standard agreement; overtime compensation may be regulated differently by contract. Clarify discrepancies before or immediately after the final payroll if possible.
Secure your records before the last working day; check the final payroll immediately after receiving it.
Employer/HR or payroll; in a dispute, the competent employment-law advisory or court bodies as appropriate.
Payslips, your own lawful working-time records, employment contract, collective/standard agreement and agreements on overtime/supplements.
Lili tip: before your last day of access, save your own lawful working-time, pay and termination documents. This is practical record-keeping, not an additional legal requirement.
Official source: Staatssekretariat für Wirtschaft SECO
6. Ensure accident cover continues after employment ends without a gap
If applicable: If full accident insurance does not continue seamlessly after the employment relationship ends and you were previously insured against non-occupational accidents under UVG.
If you worked at least 8 hours per week for your previous employer, you were generally also insured against non-occupational accidents. This cover ends on the 31st day after the day on which entitlement to at least half of your salary ceases. Check in good time whether new UVG accident cover will already apply after that; otherwise you must ensure accident cover through compulsory health insurance, or you can extend non-occupational accident cover for up to six months with interim accident insurance (Abredeversicherung).
Before the 31-day extended cover expires; interim accident insurance must be taken out while the previous non-occupational accident cover is still in force.
With your previous accident insurer for interim accident insurance and/or with your health insurer for accident cover under compulsory health insurance.
The date on which salary entitlement ends, details of your previous accident insurer, proof of any new job or new UVG cover, and your health-insurance details.
If you worked fewer than 8 hours per week for the same employer, that job generally did not provide non-occupational accident insurance. Unemployed people entitled to unemployment compensation are generally compulsorily insured against accidents; check the cover that actually follows your employment instead of insuring the same risk twice.
Official source: Bundesamt für Gesundheit BAG
7. Request and review your employment reference
Request an employment reference around the end of employment at the latest if you have not received one. Under Art. 330a CO, employees may request a reference at any time; at the employee’s request it may be limited to the type and duration of employment, while a full reference also covers performance and conduct. Check that the information is complete and factually correct.
Around the end of employment at the latest; the entitlement can also remain relevant later.
With the employer/HR department.
A short request for the reference and, when reviewing it, job title, duties, duration and relevant earlier interim references.
An employment reference must be truthful and must not use misleading codes. If there are discrepancies, first request a correction from the employer.
Official source: Staatssekretariat für Wirtschaft SECO
8. Have your occupational-pension exit benefit transferred to the correct place
If leaving the job also means leaving an occupational pension fund, clarify where your vested exit benefit will be transferred. With an immediate job change, it generally goes to the new employer’s pension fund. If you do not immediately start another insured job, choose a vested-benefits institution and tell your former pension fund where to transfer the exit benefit.
Before or immediately after leaving the former pension fund.
Former pension fund; for a new job, the new pension fund, otherwise a vested-benefits institution chosen by you.
Details of the former pension fund and, depending on the situation, the new pension fund or chosen vested-benefits account/policy.
If you give no transfer instructions, your former pension fund will transfer your vested exit benefit after six months, and no later than after two years, to the Substitute Occupational Benefit Institution (Stiftung Auffangeinrichtung BVG). If there is no new pension fund, choose a vested-benefits institution yourself and tell your former pension fund where the exit benefit should be transferred.
Official source: Bundesamt für Sozialversicherungen BSV
9. If unemployment is approaching, register with the RAV early
If no new job follows when employment ends, register with the Regional Employment Centre (RAV) for job placement as early as possible. You must register no later than the first day for which you claim unemployment-insurance benefits. After registration, follow the further steps for job placement and, if claimed, unemployment compensation.
As soon as the end date is known; no later than the first day for which unemployment-insurance benefits are claimed.
Online through Job-Room or at the RAV responsible for your place of residence.
Personal details and documents required for registration/first interview; employer certificate and further documents for unemployment compensation when requested.
RAV responsibility follows your place of residence/canton. Lili therefore shows the competent regional office rather than simply any nearby office.
Official source: arbeit.swiss / SECO
