Switzerland is one of Europe’s most attractive hiring destinations for global companies, known for its highly skilled workforce, political stability, strong financial sector, and leadership in technology, life sciences, and advanced manufacturing. At the same time, Swiss employment law follows a distinctly balanced approach—offering employers more flexibility than many EU countries, but still enforcing clear statutory protections.

The probation period (Probezeit) in Switzerland is explicitly regulated under the Swiss Code of Obligations (CO). While termination during probation is comparatively easier than in countries like France or Germany, it is not unregulated. Employers must follow statutory notice rules, act in good faith, and avoid abusive dismissal. Misunderstanding these requirements can still lead to wrongful termination claims, compensation liability, and reputational risk.

This 2026 guide explains how the probation period works in Switzerland, employee rights during probation, termination rules, notice requirements, cantonal considerations, and how using an Employer of Record (EOR) in Switzerland helps global companies hire compliantly without setting up a local entity.

What Is a Probation Period Under Swiss Employment Law?

In Switzerland, the probation period (Probezeit) is formally recognized under the Swiss Code of Obligations. Its purpose is to allow both employer and employee to assess suitability at the beginning of the employment relationship. Unlike many jurisdictions, Swiss law clearly defines default probation rules while still allowing contractual flexibility.

Probation does not suspend employment rights. Instead, it primarily affects notice periods and termination timing, while core employee protections remain in force.

Legal Nature of Probation in Switzerland

Under Swiss employment law:

• Probation applies automatically unless excluded by contract

• The default probation period is one month

• Probation may be extended by agreement up to three months

• Employees are fully employed from day one

Probation offers termination flexibility, but only within statutory limits.

Is Probation Mandatory Under Swiss Labour Laws?

Probation is not mandatory in Switzerland. Employers may:

• Apply the statutory default probation period, or

• Exclude probation entirely in the employment contract

However:

• If probation is excluded, standard notice rules apply immediately

• If probation is extended, it must be clearly stated in writing

• Ambiguity is interpreted under general contract principles

For global employers, clarity in Swiss employment contracts is essential.

Typical Probation Period Duration in Switzerland

Swiss law provides a default probation duration but allows limited contractual customization.

Standard Probation Length Across Switzerland

Key statutory rules include:

• Default probation period: 1 month

• Probation may be extended up to 3 months by written agreement

• Collective agreements may modify probation rules

• Probation cannot exceed three months

Any probation exceeding this limit is legally invalid.

Salary and Benefits During Probation

During probation:

• Employees must receive their full agreed salary

• Social security contributions are mandatory

• Contractual benefits apply unless explicitly excluded

• No special wage reductions apply by default

Probation does not allow reduced compensation.

Employee Rights During the Probation Period in Switzerland

A common misconception is that probationary employees have fewer rights. Under Swiss law, employee protections apply from the first day of employment, regardless of probation status.

Statutory Rights That Apply During Probation

Employees on probation are entitled to:

• Salary payment as agreed

• Social insurance coverage (AHV/IV/EO, unemployment, accident insurance)

• Working hour and rest protections

• Occupational safety protections

• Protection from abusive termination

Probation primarily affects notice periods not core rights.

Probation and Good Faith Obligations

Swiss employment relationships are governed by the principle of good faith. Even during probation:

• Employers must not act abusively

• Termination cannot be discriminatory or retaliatory

• Courts may award compensation for abusive dismissal

Good faith remains a central legal standard.

Termination During the Probation Period in Switzerland

Termination during probation is one of the more flexible aspects of Swiss employment law, but it is still regulated.

Can Employers Terminate During Probation in Switzerland?

Yes, employers may terminate employment during probation if:

• Termination occurs within the probation period

• Statutory notice is respected

• Termination is not abusive or unlawful

Probation allows easier termination, but not arbitrary dismissal.

Notice Requirements During Probation

During probation:

• The statutory notice period is 7 calendar days

• Notice may be given at any time

• Written notice is recommended for evidentiary purposes

After probation, notice periods increase based on length of service.

Common Employer Mistakes That Lead to Legal Challenges

Frequent errors include:

• Extending probation beyond three months

• Miscalculating notice periods

• Terminating in bad faith

• Poor documentation of employment terms

Such mistakes can lead to compensation claims.

Managing Performance During the Probation Period in Switzerland

Although Swiss law does not require formal performance improvement plans, structured probation management is still best practice.

Using Probation as a Performance Evaluation Period

Effective employers:

• Clearly define job expectations at onboarding

• Provide feedback during probation

• Document performance concerns

• Address issues early

This approach supports lawful termination decisions and improves retention.

Confirming or Ending Employment After Probation

At the end of probation:

• Employment continues automatically unless terminated

• Employers may confirm successful completion in writing

• Post-probation termination triggers longer notice obligations

Failing to act during probation reduces flexibility.

Probation Risks for Global Companies Hiring in Switzerland

Despite Switzerland’s employer-friendly reputation, international companies still face compliance risks.

Why International Employers Struggle With Swiss Probation Rules

Common challenges include:

• Assuming probation allows unrestricted termination

• Ignoring good-faith requirements

• Misunderstanding notice periods

• Lack of familiarity with Swiss social security rules

Swiss courts enforce statutory and contractual obligations consistently.

How Employer of Record (EOR) Models Reduce Probation Risk in Switzerland

An Employer of Record model allows global companies to hire employees in Switzerland while transferring employment compliance to a local expert.

Using an EOR in Switzerland enables companies to:

• Hire without establishing a Swiss legal entity

• Use compliant Swiss employment contracts

• Apply lawful probation and notice rules

• Manage payroll and social insurance

• Execute compliant terminations

EOR services significantly reduce legal and operational risk.

How Asanify Helps Manage Probation Periods in Switzerland

Asanify provides end-to-end Employer of Record services in Switzerland, supporting global companies across hiring, probation, and compliance.

With Asanify, companies can:

• Hire in Switzerland without entity incorporation

• Use legally vetted, Switzerland-compliant contracts

• Apply correct probation and notice rules

• Manage payroll and social contributions

• Ensure lawful termination practices

• Stay aligned with Swiss employment law updates

Asanify enables confident, compliant hiring in Switzerland.

Conclusion

Probation in Switzerland is clearly regulated but relatively flexible compared to many European jurisdictions. It primarily affects notice periods rather than employee rights. Employers must respect statutory limits, good-faith obligations, and social security requirements. Partnering with an EOR like Asanify allows global companies to hire in Switzerland safely and compliantly.

Frequently Asked Questions

What is the probation period in Switzerland under employment law?
It is a legally recognized trial period governed by the Swiss Code of Obligations.

How long is a probation period in Switzerland?
The default probation period is one month, extendable up to three months by agreement.

Can an employee be terminated during probation in Switzerland?
Yes, with seven days’ notice, provided termination is not abusive.

Do probationary employees have rights in Switzerland?
Yes. Employment rights apply from the first day of work.

Is probation mandatory in Switzerland?
No. Probation can be excluded by contract.

What is the notice period during probation in Switzerland?
Seven calendar days.

How does an Employer of Record manage probation in Switzerland?
An EOR ensures compliant contracts, notice handling, and lawful termination.

Why should global companies use EOR services in Switzerland?
To avoid entity setup, manage compliance, and reduce employment law risk.

Not to be considered as tax, legal, financial or HR advice. Regulations change over time so please consult a lawyer, accountant  or Labour Law  expert for specific guidance.