Probation period in Switzerland: rights, rules and duration
The Swiss trial period ("période d'essai" in French, "Probezeit" in German) is governed by Article 335b of the Code of Obligations. It is simpler and shorter than in France (maximum 3 months), but it provides fewer protections than permanent employment. Understanding exactly what the trial period means for your job security, how sick leave affects it, and what notice you are entitled to during this phase, prevents surprises in the first months of a new Swiss role.
The trial period in Switzerland is a mutual evaluation phase: the employer assesses whether the employee meets expectations; the employee evaluates whether the role and environment match their expectations. Either party can terminate the contract during the trial period with 7 days' notice, on any day of the week: there is no requirement to give notice to the end of the month, unlike during the permanent phase of the contract. This 7-day period cannot be shortened by contract, but it can be extended by agreement (some senior contracts specify 14 or 30 days during trial).
- Maximum duration: 3 months (cannot be extended beyond this, even by contract).
- Default duration: 1 month (if contract is silent on trial period length).
- Notice during trial: 7 days, any day of week (not tied to month-end).
- Sick leave: extends the trial period by the number of sick days taken.
- Military service: also extends the trial period by the duration of service.
- After trial: standard CO notice periods apply (1 month in year 1, etc.).
Can the trial period be extended?
By agreement between employer and employee, the trial period can be extended, but only up to the legal maximum of 3 months. A contract that specifies a 6-month trial period is legally only valid for 3 months. After 3 months (or whatever shorter period is agreed), standard dismissal rules apply automatically, even if the contract states otherwise.
There is one important exception: if the employee is absent during the trial period (due to illness, accident, or mandatory military service), the trial period is extended by the duration of the absence. A 3-month trial with 10 working days of sick leave becomes a 3-month + 10-day trial. This extension happens automatically and does not require a new agreement.
What protections exist during the trial period?
Fewer than many expats expect. The Swiss trial period does not offer the same level of protection as French employment law's période d'essai, which has complex rules for different categories of employees. In Switzerland: the employer can terminate for any reason during the trial period, or for no stated reason at all, with 7 days' notice. There is no requirement to provide written justification, no severance pay, and no special procedure.
What protections do exist during trial: salary continuation during sick leave (paid by employer under CO 324a, typically 80% for a period defined by the salary continuation scale for the canton); protection against termination "abusive" (clearly discriminatory dismissal, for example for union membership or pregnancy, but this is hard to demonstrate in practice).
After the trial period: what changes
Once the trial period is over, the employment relationship becomes a standard CO contract with the full notice protections. Dismissal requires giving notice to the end of a calendar month. The employer cannot reduce the notice period below what CO prescribes once the trial period has ended: a dismissal given "effective immediately" outside the trial period (without justification and without pay in lieu) is unlawful and entitles the employee to damages.
One practical consideration for new employees: the Swiss Unfair Dismissal provisions (CO Art. 336) apply even after the trial period but are weaker than in France or Germany. Swiss employment law does not require substantive justification for most dismissals: the employer must give proper notice, but does not need to prove "cause" as a US at-will exception or a French "motif réel et sérieux." Employment is "terminable at will with notice" in Swiss law once the trial period is over.
Negotiating the trial period length
The trial period length is negotiable. Standard in most Swiss professional contracts is 3 months. Some employers agree to 1 month (particularly for experienced candidates or internal transfers). In some cases, particularly for senior or C-suite hires, a candidate may negotiate the waiver of the trial period entirely, especially if they are leaving a permanent position elsewhere. If you are currently employed and leaving a secure position, asking to reduce or waive the trial period is a legitimate and commonly accepted request.
Frequently asked questions
Can I be dismissed during the trial period without explanation in Switzerland?
Yes. Swiss law allows dismissal during the trial period with 7 days' notice and no stated reason. The employer must pay your salary through the end of the notice period but owes no severance or additional compensation, provided the dismissal is not clearly abusive (discriminatory, retaliatory).
What happens if I fall ill during my Swiss trial period?
Your salary continues during sick leave (typically 80% under the cantonal scale). Your trial period is extended by the number of sick days. The employer cannot use illness during trial as grounds for immediate termination without notice.
Is it possible to have no trial period in Switzerland?
Yes: if both parties agree to waive it, a contract can commence as a permanent employment relationship from day one. This is uncommon but negotiable for senior hires or candidates with highly specialised skills.