Probation period in Switzerland: what the law says
The probation period is the moment when everything can still end within a week, in either direction. Many people experience it as an exam, without knowing that it follows precise rules: a statutory duration, seven days’ notice, an automatic extension in case of illness, and protections that only apply afterwards.
This guide explains what the Swiss Code of Obligations provides (art. 335b CO), what your contract or collective agreement may change, how the notice period is calculated, when the probation period is extended, and which rights you keep from day one. It is written for employees starting a job, and for the employers who hire them.
How long does the probation period last?
One month by default
If your contract says nothing, “the probation period is considered to be the first month of an employment relationship” (art. 335b para. 1 CO). There is therefore no contract without a probation period, unless agreed otherwise.
Three months at most
A written agreement, a standard employment contract or a collective agreement may provide for a different duration, “however, the probation period may not exceed three months” (art. 335b para. 2 CO). A longer clause is reduced to three months. Probation may also be shortened or waived, in writing.
It starts the day you start
The Federal Supreme Court ruled that probation runs from the actual start of the employment, not from the date in the contract if it differs, and that it ends on the day of the following month bearing the same number (ATF 144 III 152).
The workload makes no difference
One month of probation lasts one month, whether you work 100% or 40%. The duration is counted in elapsed time, not in hours worked.
Fixed-term contract: only if it is written
A fixed-term contract does not automatically include a probation period. It must be expressly agreed, within the same limits, preferably in writing.
Apprenticeship: between one and three months
The probation period of an apprenticeship contract must be at least one month and at most three; if it is not set, it is three months. It may exceptionally be extended to six months, before it expires, by agreement between the parties and with the approval of the cantonal authorities (art. 344a paras. 3 and 4 CO).
The seven days’ notice
During the probation period, “either party may terminate the contract at any time by giving seven days’ notice” (art. 335b para. 1 CO). Three things to remember:
- Seven calendar days, at any time. The period starts the day after the notice is received and ends seven days later, whatever the day of the week. A notice received on a Monday takes effect the following Sunday. There is no end of month to wait for, unlike the ordinary notice period.
- The date of receipt is what counts. If the notice reaches you during probation, the seven-day period applies in full, even if it ends after probation is over. If it reaches you afterwards, the ordinary notice of one month to the end of a month applies (art. 335c CO). The last day of probation is therefore decisive, and each party has an interest in handing over the notice in person against signature or sending it by registered mail, to be able to prove the date.
- No reason is required. Neither the employer nor the employee has to justify the decision. The party receiving the notice may however ask for the reasons in writing (art. 335 para. 2 CO), and the notice must not be abusive (see below).
The contract or collective agreement may provide for a notice period shorter or longer than seven days. Check before counting.
Extension: when the probation period gets longer
Illness, accident, legal obligation
“Where the period that would normally constitute the probation period is interrupted by illness, accident or performance of a non-voluntary legal obligation, the probation period is extended accordingly” (art. 335b para. 3 CO). The typical legal obligation is military or civil protection service.
The list is exhaustive
Holidays, unpaid leave or maternity leave do not extend probation, unless the parties have agreed so in writing (ATF 136 III 562). In that case, the employer had counted unpaid leave as an extension: the notice then given to a pregnant employee was late, and therefore void.
Working days are counted, not calendar days
Only the days on which you should have worked extend probation, and they are made up on working days. An incapacity on a Sunday does not count, and a weekend cannot be used to make up (ATF 148 III 126).
The extension may exceed three months
The three-month cap concerns the agreed duration. An absence due to illness may push the end of probation beyond it, and the seven-day notice remains applicable until that new date.
No extension by simple agreement
The parties cannot extend a current probation beyond the legal maximum, nor chain two contracts with two probation periods to exceed three months. A new probation period is only allowed for a new contractual relationship, for instance a permanent position after a temporary assignment in the same company (ATF 129 III 124).
Your rights during the probation period
No protection against untimely termination
The prohibition on dismissal during illness, accident, pregnancy or military service (art. 336c CO) only applies “after the probation period”. During probation, a notice received while you are on sick leave is valid.
Abusive dismissal remains prohibited
Art. 336 CO applies from day one: a notice given because of your nationality, religion, orientation, union involvement or to punish you for asserting your rights is abusive. Compensation may reach six months’ salary (art. 336a CO). To claim it, you must object in writing before the end of the notice period, then sue within 180 days (art. 336b CO).
Pregnancy: the Gender Equality Act protects
A notice motivated by pregnancy is discrimination on the grounds of sex, prohibited by art. 3 of the Gender Equality Act (GEA), even during probation. The deadlines are the same: written objection within the seven days, action within 180 days. Ask for the reason of the notice in writing.
Sick pay: read your contract
The law only obliges the employer to pay the salary in case of illness if the employment has lasted more than three months or was concluded for more than three months (art. 324a para. 1 CO). During the first months, sick pay therefore depends on your contract, the collective agreement or a daily allowance insurance. Many employers have one: check.
Everything else applies
Salary, pro-rata holidays, overtime, work certificate: these rights arise from day one. An employee leaving after three weeks is entitled to a work certificate like anyone else.
Resigning during the probation period
The seven-day notice works both ways: you can leave as quickly as the employer can dismiss you. Before doing so, three practical points:
- The form. The law does not require writing, but your contract or collective agreement may, and you will have to prove the date of receipt. Hand over your letter in person against signature, or send it by registered mail early enough for it to arrive before the end of probation.
- Unemployment benefits. A resignation without valid reason leads to suspension days, probation or not. If the job really does not fit, document why before leaving: our guide to unemployment after resignation details what the fund expects.
- The next job. You will start a new probation period with the next employer. A probation period also serves to check your requirements: hours, salary, remote work, management. Better to have set them before signing than at the end of the first month.
If the employer ends the probation, you are entitled to unemployment benefits without suspension, provided you have contributed for twelve months over the last two years, with this employer or a previous one.
Getting through probation: four useful habits
No rule guarantees confirmation. But probation periods that end badly often have the same cause: expectations that were never stated. A few habits that help:
- Ask for the criteria in the first week. What, concretely, will make your manager say that probation was a success? If the answer is vague, propose three measurable objectives.
- Set a mid-point review. A fifteen-minute meeting halfway through allows corrections before it is too late, and leaves a record if notice later comes without explanation.
- Keep track of what you deliver. Tasks completed, feedback received, thank-you emails: useful for the end-of-probation review, and for the work certificate if things go wrong.
- Raise your questions early. What bothers you on day ten will bother you on day ninety. Raising it during probation costs less than resigning afterwards.
The Licorn method: probation starts before day one
Your requirements are set before the interview
Salary, location, workload, remote work: your conditions are in your profile, and only companies that accept them can contact you. Fewer surprises at the end of the first month.
Targeted offers, not applications
Recruiters come to you with a specific position. Licorn generates your CV from your profile, and it is the job that adapts to your criteria, not the other way round.
You stay visible during probation
Your profile is invisible to your employer, current or new. If probation goes wrong, you are already open to the market, with nothing to restart.
Frequently asked questions about the probation period
Yes, for an open-ended contract: in the absence of a clause, the first month of work is the probation period, with seven days’ notice (art. 335b para. 1 CO). For a fixed-term contract, on the other hand, there is no probation period without an express clause.
Yes, with seven days’ notice and without justification. You may ask for the reason in writing (art. 335 para. 2 CO). The notice must however not be abusive within the meaning of art. 336 CO, nor discriminatory under the Gender Equality Act. In those cases, object in writing before the end of the notice period.
Sick pay is only owed by law after three months of employment, or if the contract was concluded for more than three months (art. 324a CO): check your contract, the collective agreement or the company’s daily allowance insurance. Dismissal, however, remains possible during probation, because the protection of art. 336c CO only starts afterwards. On the other hand, each missed working day extends probation by as much.
Not beyond three months: this cap is mandatory and a contrary clause is void. Below it, the parties may agree in writing that absences other than illness extend probation, for instance holidays. Only illness, accident and legal obligations extend it automatically.
The probation one, seven days, because the date of receipt is what counts. The period will end after probation is over, but it remains seven days. A notice received the day after the end of probation already falls under the ordinary notice of one month to the end of a month (art. 335c CO).
If the employer ends the contract, yes, without suspension if you committed no fault, and provided you have contributed for twelve months over the last two years, all employers combined. If you resign without valid reason, the fund will impose suspension days. Register with the regional employment office (RAV/ORP) from your first day without a job.
In short
One month by default, three at most, seven days’ notice in both directions, an automatic extension in case of illness or accident, and limited but real protections: no abusive dismissal, no discrimination, salary and holidays from day one. Read the probation clause of your contract, note the end date, and if a notice arrives, first check on which day it was handed to you.
And so that probation confirms a good choice rather than repairs a bad one, do the sorting before you sign.
Sources
- Code of Obligations, art. 324a, 335, 335b, 335c, 336 to 336c and 344a, full text on Fedlex
- Federal Act on Gender Equality (GEA), art. 3 and 9, on Fedlex
- City of Lausanne, Temps d’essai: labour law fact sheet (duration, notice, extension, protections, in French)
- Swissmem, new Federal Supreme Court case law on the probation period (ATF 148 III 126, 8C_317/2021, in French)
- Federal Supreme Court, ATF 136 III 562, unpaid leave and extension of probation
- Federal Supreme Court, ATF 129 III 124, new probation period after a temporary assignment
- Canton of Vaud, Equality Office, pregnant during the probation period (in French)
