Probation Period in Switzerland: Employment Rules, Risks & Best Practices

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What Is a Probation Period in Switzerland?

A probation period (Probezeit in German, période d’essai in French, periodo di prova in Italian) in Switzerland is an initial employment phase during which both employer and employee can assess job suitability. Governed by the Swiss Code of Obligations (CO), probation periods provide flexibility for either party to terminate employment with minimal notice.

Swiss law establishes default probation rules, but employment contracts or collective bargaining agreements (CBAs) may modify terms within legal limits. The probation period applies automatically to new employment relationships unless explicitly waived in writing. This initial phase serves as mutual evaluation before committing to longer-term employment.

During probation, employees enjoy comprehensive employment rights including equal pay, social insurance coverage, and statutory protections. The primary distinction concerns termination flexibility—both parties may end employment with shorter notice periods compared to post-probation relationships, facilitating swift decisions about job fit.

Is a Probation Period Mandatory Under Labour Laws in Switzerland?

Probation periods are not mandatory in Switzerland but apply automatically unless explicitly waived or modified in the employment contract. Article 335b of the Swiss Code of Obligations establishes a default one-month probation period for all new employment relationships. Employers must explicitly state in writing if they wish to exclude or shorten probation.

Most Swiss employers retain the statutory probation period to maintain termination flexibility during the initial employment phase. However, parties may agree to waive probation entirely or shorten it, particularly for senior executives or highly specialized roles where immediate commitment is negotiated.

If the employment contract is silent on probation, the default one-month period applies automatically under Swiss law. Employers seeking different arrangements must document agreed terms clearly in written employment contracts to avoid disputes about applicable probation duration and notice requirements.

How Long Can a Probation Period Last in Switzerland?

The default probation period in Switzerland is one month under Article 335b CO. However, parties may agree to extend it up to a maximum of three months through written employment contract provisions or collective bargaining agreements. Any probation exceeding three months is legally invalid and automatically reduced to three months.

Common probation duration practices:

One month (default): Applies automatically when no specific term is stated
Two months: Common for mid-level positions requiring moderate assessment
Three months (maximum): Typical for senior roles, specialized positions, or complex functions
Waived entirely: Sometimes negotiated for executive hires or immediate permanency

The probation period begins on the first working day and runs for the agreed calendar period. Unlike some jurisdictions, Swiss law does not generally suspend probation for sick leave or other absences unless specifically provided in employment contracts or applicable CBAs.

Can the Probation Period Be Extended in Switzerland?

Swiss law does not permit unilateral extension of probation periods beyond the initially agreed duration or the three-month statutory maximum. Once probation expires without termination, employment automatically continues with standard notice requirements applying. Employers cannot extend probation retroactively or after it has begun.

The only way to establish a longer probation is by mutual written agreement before employment commences or during probation before expiration. However, any agreed probation exceeding three months is automatically invalid and reduced to three months by operation of law.

Attempting to extend probation unilaterally or repeatedly rehiring employees with new probation periods for similar roles may be considered abusive and void under Swiss employment law. Courts scrutinize such practices and may award damages or reinstatement if they find employers circumventing standard termination protections.

Employment Rights During Probation Period in Switzerland

Employees on probation in Switzerland enjoy comprehensive employment rights equivalent to permanent workers. The Swiss Code of Obligations and various federal laws mandate equal treatment regarding compensation, working conditions, social insurance, and statutory protections. Probationary status does not diminish fundamental rights or create second-class employment.

Key employment rights during probation include:

Equal compensation: Full contractual salary without reductions
Social insurance: Mandatory AHV/IV/EO (old-age, disability, income compensation), unemployment insurance, and accident insurance
Vacation entitlement: Minimum four weeks annually (five weeks for employees under 20), accruing from day one
Public holiday pay: Paid time off for cantonal and federal holidays
Sick leave protection: Salary continuation for illness based on tenure and cantonal scales
Workplace safety: Full health and safety protections

The primary legal distinction concerns termination notice periods, which are significantly shorter during probation. Otherwise, probationary employees benefit from the same labour protections, anti-discrimination laws, and working conditions as established employees.

Salary, Payroll, and Benefits During Probation

Probationary employees in Switzerland must receive full contractual salary without reductions. Swiss law prohibits paying lower wages during probation as this violates equal treatment principles. Compensation must comply with applicable collective bargaining agreements, cantonal minimum wages (where applicable), and contractual commitments.

Payroll obligations during probation include:

Gross salary: Full amount specified in employment contract
AHV/IV/EO contributions: Social insurance (5.3% employee, 5.3% employer)
Unemployment insurance: ALV contributions (1.1% each up to CHF 148,200, then 0.5%)
Accident insurance: UVG coverage (employer-paid for occupational, employee-paid for non-occupational)
Pension fund: BVG (occupational pension) contributions if salary exceeds entry threshold
Source tax: For non-permit C foreign workers, tax withheld at source

Benefits such as 13th month salary, health insurance subsidies, meal vouchers, or other perks must be provided during probation if they’re standard employment terms. Deferring contractual benefits until after probation may constitute breach of contract unless explicitly documented.

Termination Rules During Probation Period in Switzerland

During probation, both parties may terminate employment with substantially shorter notice periods than standard employment relationships. Article 335b CO mandates a minimum seven-day notice period during probation, though this is often misunderstood—the actual requirement depends on contractual terms and weekly work patterns.

Under Swiss law, either party may terminate during probation for any reason or no stated reason, provided proper notice is given. However, termination cannot be abusive under Article 336 CO—dismissals for discriminatory reasons, exercising constitutional rights, or in bad faith remain prohibited even during probation.

Termination must be communicated clearly, preferably in writing, stating the notice period and final working date. If probation expires without termination notice, employment continues automatically with standard notice periods applying thereafter. Employers should monitor probation end dates carefully to avoid unintended conversion to permanent status.

Notice Period Requirements During Probation

The minimum notice period during probation in Switzerland is seven days under Article 335b CO. This means either party must provide at least seven days’ notice before termination becomes effective. Employment contracts or collective bargaining agreements may specify longer notice periods during probation but cannot reduce below the seven-day statutory minimum.

Common notice period structures:

Seven days: Statutory minimum for probation termination
14 days: Common contractual extension for additional transition time
One month: Sometimes agreed for senior positions even during probation

Notice periods typically run from the day after notice is given and include weekends and holidays unless contracts specify otherwise. The termination date calculation depends on when notice is received, not when the decision was made. Written notice provides clear documentation of timing and helps prevent disputes.

Immediate termination without notice during probation is only permissible for serious cause (wichtiger Grund) under Article 337 CO, such as gross misconduct, serious breach of duty, or criminal behavior—the same standard applying to permanent employees.

Can Employees Be Terminated Without Cause During Probation?

Payroll, Taxes, and Compliance During Probation Period in Switzerland

Employers must maintain complete payroll and tax compliance from the first day of probation. This includes registering employees with social insurance institutions, withholding applicable taxes, and making mandatory contributions to AHV, unemployment insurance, accident insurance, and occupational pension funds. Probationary status creates no exemptions from Swiss employment compliance obligations.

Essential compliance requirements include:

AHV registration: Enrollment in old-age and survivors’ insurance system
Social insurance contributions: AHV/IV/EO, ALV (unemployment), and family allowances
Accident insurance: UVG coverage through approved insurers
Pension fund enrollment: BVG (LPP) registration if salary exceeds entry threshold (CHF 22,050 annually)
Tax withholding: Source tax for foreign workers without permit C; regular tax for Swiss/permit C holders
Working time compliance: Adherence to cantonal and federal labour law provisions

Switzerland’s federal structure means some compliance obligations vary by canton. Employers must understand cantonal-specific requirements for holidays, minimum wages (in certain cantons), and administrative procedures. Accurate and timely reporting to social insurance institutions and tax authorities prevents penalties and legal complications.

Common Compliance Risks During Probation Period in Switzerland

Employers managing probation periods in Switzerland face several compliance risks that can result in legal claims, regulatory penalties, and reputational harm. Common violations include exceeding maximum probation duration, providing insufficient notice, discriminatory terminations, and inadequate social insurance registration.

Key compliance risks to avoid:

Excessive probation: Attempting periods beyond three-month statutory maximum
Inadequate notice: Failing to provide minimum seven-day termination notice
Abusive termination: Dismissing employees for discriminatory or prohibited reasons
Delayed registration: Late social insurance enrollment or missing contributions
Wage violations: Paying below contractual salary or minimum wage standards
Improper extensions: Attempting to prolong probation beyond agreed duration
Missing documentation: Verbal agreements or unclear contract terms regarding probation

Switzerland’s decentralized system with cantonal variations adds complexity. Employers operating across multiple cantons must ensure compliance with canton-specific regulations. Proactive legal review, comprehensive HR training, and systematic monitoring of probation periods help minimize compliance risks and prevent costly disputes.

Probation Period vs Permanent Employment in Switzerland: Key Differences

While probationary and permanent employees in Switzerland enjoy similar daily rights, significant differences exist in termination procedures, notice periods, and employment security. Understanding these distinctions helps employers structure compliant employment relationships and manage workforce transitions effectively.

Aspect	Probation Period	Permanent Employment
Default duration	1 month (extendable to 3 months)	Indefinite
Minimum notice	7 days	1-3 months (based on tenure)
Termination reason	Not required (unless abusive)	Not required (unless abusive)
Protected periods	Limited protection (pregnancy, military)	Extensive protection (illness, pregnancy, military)
Salary & benefits	Full contractual entitlements	Full contractual entitlements

The transition from probation to permanent employment occurs automatically upon probation expiration without termination. Standard notice periods then apply based on employment duration: one month in the first year, two months from second through ninth year, and three months after nine years of service (unless contracts specify different terms).

Managing Probation Periods When Hiring Through Employer of Record (EOR)

An Employer of Record (EOR) simplifies probation management in Switzerland by handling employment contracts, social insurance registration, payroll processing with cantonal variations, and termination procedures. This enables international companies to hire Swiss employees compliantly without establishing a Swiss legal entity or navigating complex cantonal differences.

EOR providers manage critical probation functions:

Compliant contracts: Employment agreements aligned with Swiss Code of Obligations and cantonal requirements
Social insurance administration: AHV, ALV, UVG, and BVG registration and ongoing compliance
Multi-cantonal payroll: Accurate processing accounting for cantonal tax and regulatory variations
CBA compliance: Application of relevant collective bargaining agreement terms
Termination management: Proper notice procedures and final settlement calculations
Regulatory monitoring: Ongoing tracking of federal and cantonal employment law changes

Switzerland’s linguistic and regulatory diversity across 26 cantons makes local expertise valuable. EOR providers with Swiss operations understand regional nuances, language requirements, and canton-specific practices that impact employment relationships and compliance obligations.

How Asanify Ensures Probation Compliance in Switzerland

Asanify, the #1 ranked EOR platform on G2, delivers comprehensive probation period management for employers hiring in Switzerland. Our platform generates Swiss Code of Obligations-compliant employment contracts with appropriate probation terms, manages social insurance registration across all cantons, processes payroll with accurate cantonal variations, and tracks probation timelines to ensure timely decisions.

Our Switzerland-specific compliance capabilities include:

Cantonal adaptation: Contracts and payroll adjusted for specific canton requirements
Multi-language support: Documentation in German, French, Italian, and English
Social insurance automation: Integrated AHV, ALV, UVG, and BVG administration
Probation tracking: Automated alerts for evaluation milestones and contract expiration
CBA compliance: Application of relevant collective bargaining agreements
Swiss legal expertise: Local employment law specialists for guidance

Asanify’s technology platform eliminates manual compliance work while providing complete visibility into your Swiss workforce. We maintain up-to-date knowledge of federal and cantonal employment regulation changes, ensuring ongoing compliance without requiring constant legal monitoring from your team.

Best Practices for Employers Managing Probation Periods in Switzerland

Effective probation management in Switzerland requires clear documentation, structured evaluation processes, and strict compliance with the Code of Obligations. Employers should establish transparent performance criteria, maintain detailed records, and communicate expectations clearly to maximize probation effectiveness while minimizing legal risks.

Recommended best practices:

Written agreements: Clearly document probation duration and terms in employment contracts
Appropriate duration: Choose probation length suitable to role complexity (1-3 months)
Structured evaluations: Schedule formal reviews at regular intervals throughout probation
Performance documentation: Maintain objective records of achievements and concerns
Clear criteria: Define success metrics and competencies before probation begins
Timely decisions: Evaluate and decide before probation expires to avoid automatic conversion
Proper notice: Provide minimum seven-day written notice for any termination
Anti-discrimination vigilance: Ensure termination decisions are not abusive or discriminatory

Consistent application of these practices across all probationary employees demonstrates fairness and reduces abusive termination claims. Regular training for managers on Swiss employment law and evaluation techniques ensures organizational compliance and effective talent assessment.

Your Probation Compliance Guide: Managing Probation Periods in Switzerland the Right Way

Successfully managing probation periods in Switzerland requires understanding Code of Obligations provisions, respecting employee rights, and navigating cantonal variations. Employers must balance evaluation flexibility with compliance obligations including equal compensation, comprehensive social insurance, and anti-discrimination protections throughout the probationary phase.

Your comprehensive compliance roadmap:

Contract preparation: Draft employment agreement with explicit probation terms (1-3 months maximum)
Social insurance registration: Enroll employee in AHV, ALV, UVG, and BVG before employment begins
Cantonal compliance: Verify canton-specific requirements for holidays, working time, and regulations
CBA review: Determine if collective bargaining agreements apply to position
Onboarding: Communicate performance expectations, evaluation schedule, and success criteria
Regular evaluation: Conduct structured assessments and document performance objectively
Pre-expiration decision: Determine retention before probation ends and prepare necessary documentation
Proper transition: Issue termination with minimum seven-day notice or allow automatic conversion to permanent status

Consulting Swiss employment law experts or partnering with experienced EOR providers ensures compliance across federal and cantonal jurisdictions. Proactive management prevents abusive termination claims and establishes foundations for productive long-term employment relationships in Switzerland.

Frequently Asked Questions About Probation Period in Switzerland

What is the probation period in Switzerland?

A probation period in Switzerland is an initial employment phase, defaulting to one month but extendable up to three months by agreement. During this time, either party may terminate with seven days’ notice, allowing mutual assessment of job suitability.

Is probation period mandatory under labour laws in Switzerland?

Probation periods are not mandatory but apply automatically as a one-month default under the Code of Obligations unless explicitly waived or modified in the employment contract. Parties must document waivers or variations in writing.

What is the maximum probation period allowed in Switzerland?

The maximum probation period in Switzerland is three months. Any contractual provision exceeding this limit is legally invalid and automatically reduced to three months by operation of law under Article 335b CO.

Can an employee be terminated during probation in Switzerland?

Yes, employers may terminate probationary employees with seven days’ notice without stating reasons. However, termination cannot be abusive—dismissals for discriminatory reasons, pregnancy, military service, or exercising constitutional rights remain prohibited.

What is the notice period during probation in Switzerland?

The minimum notice period during probation is seven days under Swiss law. Employment contracts or collective bargaining agreements may specify longer notice periods, but cannot reduce below this statutory minimum.

Are employees entitled to benefits during probation in Switzerland?

Yes, probationary employees receive full salary, social insurance coverage (AHV, ALV, UVG, BVG), vacation entitlement (minimum four weeks annually), and all contractual benefits. Swiss law mandates equal treatment regardless of probationary status.

How does payroll work during probation period in Switzerland?

Payroll during probation includes full contractual salary, social insurance contributions (AHV/IV/EO, ALV, UVG), occupational pension contributions (BVG if salary exceeds threshold), and applicable tax withholding. All standard payroll obligations apply from day one.

How does Employer of Record help manage probation compliance in Switzerland?

An EOR handles Swiss Code of Obligations-compliant contracts, social insurance registration, cantonal payroll variations, CBA application, and termination procedures—enabling compliant hiring across Swiss cantons without establishing a legal entity.

Manage Probation Periods in Switzerland the Compliant Way

Asanify helps you structure probation terms, track evaluations, and stay aligned with local employment laws in Switzerland—reducing risk while building strong teams.