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.
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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.
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.
Federal Law on Old-Age and Survivors' Insurance (AHVG/LAVS) · Swiss Federal Social Insurance Office (FSIO/OFAS) · admin.ch