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Old 29.07.2021, 09:54
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Notice period for termination of indefinite contract

Dear all,

My current contract with my employer mentions the following termination clause.

https://i.imgur.com/8MQpaCx.png

The contract was signed in October 2019, which is more than 1 year from now. Based on my understanding, the standard swiss Code of Obligations says that the notice period is:

- 1 month during the first year of service (as of the end of a given month)
- 2 months from the 2nd to the 9th year of service (as of the end of a given month)

Since the original contract was never ammended, does it mean that I can still quit with only 1 month of notice?

Thank you.

Last edited by 3Wishes; 30.07.2021 at 21:00. Reason: changed huge image to link
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Old 29.07.2021, 09:58
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Re: Notice period for termination of indefinite contract

Yes, the contract is binding - the periods defined by law only apply if the contract does not specify anything (or if the contract was ruled invalid, e.g. if the notice period was less than one month).

https://www.fedlex.admin.ch/eli/cc/2...7/en#art_335_c
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Old 29.07.2021, 10:28
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Re: Notice period for termination of indefinite contract

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Yes, the contract is binding - the periods defined by law only apply if the contract does not specify anything (or if the contract was ruled invalid, e.g. if the notice period was less than one month).

https://www.fedlex.admin.ch/eli/cc/2...7/en#art_335_c
Thanks a lot, that's what I was looking for. Have a nice day!
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Old 29.07.2021, 13:21
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Re: Notice period for termination of indefinite contract

The answers are within the link you posted, and I would say are pretty clear:


Content of the notice letter

If not otherwise specified in the employment contract, the contract can be terminated orally.<<<not relevant, as you have a process listed in your contract, which you should follow



Periods of notice

Make sure that the period of notice agreed in the employment contract was observed. If there is no written employment contract and no collective employment agreement, the period of notice is regulated by the Code of Obligations (CO). <<<not relevant, as you have a process listed in your contract, which you should follow
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