Probation in Switzerland: duration, notice, and your rights
Published 2026-10-19 · Updated 2026-10-19 · 3 min read · 3 sources · Verified Swiss federal benchmarks
Direct answer
Probation may last up to three months; if not agreed in writing, there is no probation period (CO Art. 335b). During probation either party may terminate with 7 days’ notice unless the contract sets a longer period, up to three months.
Key facts
- Maximum probation: 3 months; must be agreed in the employment contract.
- Default notice during probation: 7 days (Art. 335b CO).
- Same protection against abuse applies; immediate dismissal still requires good cause.
- After probation ends, ordinary Art. 335c notice periods apply automatically.
- Minimum vacation under Art. 329a CO accrues from the first day of work.
When probation starts and how long it lasts
Swiss law treats probation as an optional trial phase at the beginning of an indefinite contract. It must be agreed explicitly, usually in your written contract, and cannot exceed three months.
If probation is missing, ordinary rules apply from day one. Extensions beyond three months are not valid as probation.
Seven-day notice in practice
During probation, statutory notice is one week unless your contract states otherwise. Many employers keep the seven-day rule; some agree on one month, which is permitted up to the three-month cap.
Give notice in writing with a clear end date. Salary and social insurance accrue through the last working day. There is no statutory severance for ordinary probation termination.
- 1Confirm probation length and notice clause in your contract.
- 2Send written notice (email or letter) stating termination date.
- 3Work handover per employer instructions until last day.
- 4Request payroll documents and ask when your reference will be issued.
- 5Register with RAV only if you are unemployed with no new job lined up.
Worked example: CHF 5,800 monthly, quit on day 45
Your contract shows three months probation and seven-day notice. You resign on 15 February after six weeks. Notice runs seven days to 22 February if the employer accepts that calendar count under local practice.
Gross pay for February is pro-rated: roughly half a month at CHF 5,800 plus any owed pro-rata share of a 13th salary if the contract pays thirteen months. Social deductions apply at 5.30% AHV/IV/EO and 1.10% ALV on covered earnings up to CHF 148,200.
Rights that do not disappear in probation
Minimum wage in canton or CBA, holiday accrual, and accident insurance coverage apply from the first day. Discrimination and harassment rules remain in force.
Dismissal without notice still requires good cause under Art. 337 CO. You may request an Arbeitszeugnis under Art. 330a CO. Vacation minimum is four weeks, five under twenty (Art. 329a CO).
Common mistakes in probation
Believing probation lets the employer skip salary during illness: Art. 324a CO duty of care and any continuation scale or KTG still matter from day one.
Waiting until day ninety to read that notice is one month during probation, then being locked in longer than expected.
Assuming a verbal all-clear on a Friday equals termination without a letter; you remain employed until notice rules are satisfied.
Not checking whether a CBA replaces seven-day notice with a longer trial period that is still within the three-month probation cap.
FAQ
- Can probation be extended?
- No. Three months is the legal maximum for a probation clause.
- Do I accrue vacation in probation?
- Yes. Minimum vacation rules (Art. 329a CO) apply; accrual is proportional to time worked.
- Can I quit with 7 days during a 1-month probation notice contract?
- You must follow the notice period written in your contract if it is longer than 7 days, up to three months.
- When do ordinary notice periods start?
- Automatically after the agreed probation period ends without termination.
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Keep reading
- Notice periods in Switzerland when you or your employer terminatesAfter probation, Swiss law sets minimum notice at 1 month in your first year, 2 months in years 2–9, and 3 months from year 10 (CO Art. 335c). During probation the default is 7 days unless your contract allows up to 3 months (Art. 335b).
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