Probationary Period in Switzerland: Rules and Rights

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).

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

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.

Do I have the same statutory rights during probation as after it?

Yes, with one key difference: the notice period. During probation, either party may terminate with 7 days' notice and no justification required. In all other respects, probationary employees have identical statutory rights: full salary entitlement, AHV/ALV/UVG and BVG coverage (if applicable), sick leave wage continuation under the Berne scale, and the right to be free from abusive or discriminatory dismissal. The probationary period does not reduce social security rights or create a second-tier employment status. It only facilitates easier exit from either side.

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.