Probationary Period in Switzerland
The probationary period in Switzerland is designed for mutual assessment, both employee and employer can exit with only 7 days' notice. However, some protections apply even during probation, and multiple restrictions can be agreed contractually.
- Legal maximum: 3 months (OR Art. 335b); default is 1 month if not specified
- Notice during probation: 7 days for both parties
- Sick leave extends the probation period by the same number of sick days
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.
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.
What is the 13th month salary in Switzerland?
The 13th month salary in Switzerland refers to an additional monthly salary paid once a year, typically in December. It is included in annual salary benchmarks as standard: when a Swiss employer quotes CHF 120,000 per year, this normally means 13 monthly payments of approximately CHF 9,231 each, not 12 payments of CHF 10,000. The 13th month is governed by the employment contract or collective agreement (GAV), not by statute. It is subject to social contributions (AHV/ALV) and income tax. Always clarify with a prospective employer whether a quoted annual figure includes or excludes the 13th month.
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. Notice must be given in writing by end of calendar month (or end of the agreed notice period month). Contractual or GAV notice periods can be longer but cannot be shorter than statutory minimums. Protected periods exist (illness, accident, pregnancy) during which termination is suspended or prohibited.
Swiss Code of Obligations (CO Art. 335b) · SECO · admin.ch