Probation Period in Switzerland: Duration, Notice and Assessment

Without an agreement, probation lasts one month (Art. 335b CO). By contract it can be extended to up to three months. An extension after expiry is only possible with the consent of both parties – and it must be agreed in writing before probation ends.

Clauses that effectively create a three-month notice period in the first weeks are not permissible. During probation the notice period is seven days – identical for both sides.

Fixed-term contracts and temporary work are subject to special rules; in staff leasing, the first assignment is often the probation period.

During probation the employment relationship may be terminated with seven days' notice – without giving reasons and without the protection against abusive dismissal applying to the same extent as after probation. Some protective rules still apply:

• Blocking periods (Art. 336c CO) – for instance during illness, pregnancy or military service – in principle apply during probation as well, albeit with shorter periods.
• Continued salary payment during illness remains owed provided the conditions are met.
• Holiday entitlement accrues pro rata; unused holidays must be compensated on termination.

Anyone terminating during probation should do so in writing and calculate the period precisely: it begins when the declaration is received, not on the date written on the letter.

Probation is not a space outside the law. In particular, the following are not permitted:

• Pay below what was agreed on the grounds of "probation" – the contractual salary applies from day one.
• Waiving holidays or "holidays only after probation" – the entitlement accrues pro rata from the first month.
• Overtime without regulation: Art. 321c CO with a supplement applies during probation too if nothing else is agreed.
• Dismissal because of illness during a blocking period – it is null and void, not merely contestable.

Equally impermissible: a probation period that starts afresh with every contract extension. It can be agreed once.

During probation, employers mainly assess three things: reliability, learning ability and fit with the team. Professional gaps are expected in the first weeks – lateness, missing feedback and unclear communication, by contrast, are read as warning signals.

• First week: ask questions, clarify expectations in writing, ask for an onboarding plan.
• First month: complete one small task fully and on time – visibility comes from results, not from attendance.
• Before probation ends: actively ask for a meeting. Whoever asks learns more than whoever waits.

You may also request an interim reference during probation if you need one – for example because it becomes apparent that the fit is not right.

Not every job is the right one. What matters is not burning the exit – the Swiss labour market is small, and references count.

• Terminate in writing, with a correctly calculated notice period, without assigning blame.
• Request a reference (Art. 330a CO) – even for a short tenure, stating the nature and duration of the employment.
• Settle salary and holidays: last working day, remaining holidays, any overtime.
• Do not forget the employment confirmation for unemployment insurance if a gap follows.

For the CV: short stints of under three months can be grouped together. Concealment is no solution – reference checks and AHV statements bring it to light.

Before you sign, check these five points on probation:

1. Duration: one, two or three months – and is an extension provided for?
2. Notice period: is it seven days, or has a longer period been agreed for probation as well?
3. Salary: does the full salary apply from day one?
4. Daily sickness benefits: is insurance cover in place from the first day?
5. Onboarding: is there a plan or a contact person?

If a provision is missing, the law applies – and during probation that is usually the employee-friendlier variant.