Probationary Period in Switzerland: Rules and Rights
The Swiss probationary period (Probezeit) gives both employer and employee the opportunity to assess the employment relationship. By law it lasts 1 month, extendable to 3 months by contract; the notice period during probation is just 7 days.
Duration of the Probationary Period
The statutory probationary period is 1 month (Art. 335b OR/CO). It can be extended by individual employment contract to up to 3 months; a GAV may specify longer periods, subject to statutory limits. A contractual probationary period exceeding 3 months is void; the statutory 1-month default applies. No employment contract may provide a probationary period exceeding 12 months.
Dismissal During Probation
During the probationary period, either party may terminate the employment relationship at any time with 7 days' notice (including on the last day of probation). No reason is required. Neither party need give grounds. Dismissal protection exists but is limited: grossly abusive dismissal remains contestable even during probation.
Extension Due to Absence
If the employee is absent during probation due to illness, accident, or mandatory non-voluntary legal obligations, the probationary period is extended proportionally. Employer-approved holiday taken during probation does not extend it.
Rights During Probation
Employees retain all statutory rights during probation: salary entitlement, social security coverage (AHV, ALV, UVG, BVG), abuse-of-dismissal protection, and short-term sick leave wage continuation. Probation does not restrict employee rights – it merely facilitates easy termination.
Practical example: probation with illness
An employee starts on 1 February. The contract sets a 3-month probation. The employee is ill from 10 March to 25 March (15 days). The 3-month probation, which would normally end on 30 April, is extended by 15 days to 15 May. The employer can terminate the employment by giving 7 days' notice up to 15 May. On 16 May, the full statutory notice period applies (1 month in the first year of service, starting from month-end).
Frequently Asked Questions
How long is the probationary period in Switzerland?
1 month by law. Extendable to up to 3 months by individual contract; a GAV may specify longer periods.
What is the notice period during probation?
7 days. Both parties may terminate with 7 days' notice during probation, at any time, without giving reasons.
What happens if I fall ill during probation?
The probationary period extends by the duration of the illness-related absence. The 7-day notice right applies again after the extended probation ends.
Swiss Code of Obligations (CO Art. 335b) · SECO · admin.ch