Probationary Period in Switzerland

Duration and Notice

The statutory probationary period is 1 month (OR Art. 335b). By written contract, it can be extended to maximum 3 months. Applicable GAV (collective agreements) can allow up to 6 months. During probation: 7 days notice for both parties, to any day of the month (not end of month). The probationary period can be extended by the duration of any absence (illness, accident, military service) if the parties agreed this in the contract.

No Illness Protection, but Wrongful Dismissal Applies

Unlike after the probationary period, there is no sick-leave protection period during probation: the employer can dismiss during illness with 7 days' notice. However, wrongful dismissal protection still applies: dismissal based on personal characteristics (gender, race, religion, trade union membership) is wrongful even during probation and entitles to compensation up to 6 months' salary. The employer cannot misuse probation to dismiss for improper reasons while avoiding the post-probation protection.

What Probation Means for Contract and Pay

During the probationary period: full social insurance contributions apply (AHV, ALV, UVG, BVG if salary threshold is met), salary is the same as the agreed contract (probation is not a reason to pay less), and accrued holidays must be paid out if the contract ends during probation. The employee can also request a probationary period reference (Zwischenzeugnis), though the employer is not legally required to issue one in as much detail as a full Arbeitszeugnis.

Context on the Swiss job market helps frame any career decision in Switzerland. Our gross-to-net salary guide shows what Swiss gross salaries look like after AVS, LPP and tax deductions. The salary negotiation guide covers how to use market data in offer discussions and which arguments work with Swiss recruiters. Our guide to working in Switzerland as a foreigner covers entry conditions, permit categories and practical relocation steps. The work permit guide explains B, C, G and L permit categories and processing timelines. For cross-sector salary benchmarks, the Switzerland salary guide covers all major roles and cities.

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Frequently Asked Questions

Can I be dismissed immediately during probation in Switzerland?

No, even during probation, 7 days' notice is required (unless there is a just cause for summary dismissal). Summary dismissal requires a serious specific reason, the probationary period does not lower this threshold.

Does the employer have to give a reason for dismissal during probation?

No, but the employee can request written reasons. If the reasons are improper (discriminatory, retaliatory), the dismissal can be challenged as wrongful, even during probation.

Can my employer extend my probationary period without my agreement?

No. Any extension beyond the statutory 1 month must be agreed in writing before or at the start of employment. An oral promise to extend has limited legal effect.

How do Swiss notice periods work for employment contracts?

Under Swiss law (Code of Obligations, Art. 335c), notice periods during probation (default 1 month, up to 3 months by agreement) are 7 days. After probation, statutory notice periods are: 1 month during the first year, 2 months in years 2 to 9, and 3 months from year 10 onwards. Swiss law requires no particular form, but many contracts ask for writing and a written notice is easier to prove; it must reach the other party before the notice period starts, so by the last day of the month for an end-of-month deadline. A contract can change these periods in writing, but not below one month (only a collective agreement may go lower, and only in the first year). Protected periods exist (illness, accident, pregnancy) during which termination is suspended or prohibited.