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).

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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.