The probation period in Switzerland is the opening phase of a working relationship, during which employer and employee can each judge whether it meets their expectations. It lets the company check that the profile fits the role, and lets the employee confirm that the working conditions suit them.
The Swiss Code of Obligations (CO) sets a precise framework for how long the probation period lasts, when it can be extended, and which rules apply in particular situations. The period offers more flexibility on terminating the contract, but it still comes with obligations for the employer.
Understanding these rules matters for handling a new hire properly, whether you are drafting the contract or dealing with the end of an employment contract in Switzerland.
How long is the probation period in Switzerland?
The length of the probation period is not always for the employer and employee to set freely. The law provides a default duration while leaving room to adapt it within limits.
For companies, spelling the agreed duration out clearly in the employment contract is what removes any uncertainty at the start of the relationship.
The statutory duration is one month
Under the Swiss Code of Obligations, the first month of work counts as the probation period where nothing else has been agreed in writing.
By default, then, anyone hired in Switzerland automatically has a one-month probation period running from the day they start.
During that month, employer and employee both have a shorter notice period than the one that applies once probation ends. The rule exists to make it easier to end the contract where the working relationship turns out not to match expectations on either side.
In practice, many employment contracts provide for something other than the statutory duration. It is worth checking what the signed contract says before the employee starts.
Can the probation period be extended?
The length of the probation period can be changed by agreement between employer and employee, provided certain conditions are met.
Any departure from the statutory month has to be agreed in writing. That applies in both directions: lengthening the probation period, shortening it, or removing it altogether all require written form. An agreement reached verbally does not hold. The written provision can sit in:
- the individual employment contract;
- a standard employment contract (CTT);
- a collective labor agreement (CLA).
The point is to let the parties fit the assessment period to what the role needs. Jobs that require an onboarding phase or a gradual build-up of skills, for instance, can justify a longer probation period.
That freedom is bounded by law: the probation period can never exceed three months.
An employer and an employee can therefore agree on two or three months. If a contract sets a longer period, the clause is not void as a whole and the contract stays valid: the probation period is simply reduced to the statutory maximum of three months.
Note too that where no extended probation period has been agreed in writing, the statutory one month applies.
The special case of apprenticeship contracts
Apprenticeship contracts follow their own rules on probation.
For apprentices, the probation period has to be between one and three months, and it has to be set expressly in the apprenticeship contract.
Where no duration is stated, the probation period is automatically three months.
In particular situations it can be extended to a maximum of six months. That extension requires:
- the agreement of the parties concerned;
- approval from the competent cantonal authority;
- a request made before the initial probation period expires.
These specific rules reflect the fact that an apprenticeship is a particular kind of working relationship, combining training with activity inside a company. Employers therefore work within a tighter framework when they take on an apprentice.
What is the notice period during probation?
What sets the Swiss probation period apart is that the rules on termination are more flexible than those that apply afterwards. During probation, employer and employee alike have a reduced notice period, so either side can end the relationship quickly if it does not match what they expected.
That flexibility does not mean the contract can be broken without following any rules. The statutory notice period has to be respected, and certain situations, such as a prolonged absence, change when the probation period actually ends.
A seven-day notice period
During probation, employer and employee can terminate the employment contract at any time, subject to seven days' notice.
That is shorter than the notice period after probation, which lets both sides end the relationship quickly where the employee's integration into the company is not going as planned.
Termination can come from:
- the employer, where the employee does not meet the requirements of the role or the relationship does not answer the company's needs;
- the employee, where the role, the tasks or the working conditions do not match their expectations.
Unless the contract or an applicable collective agreement provides otherwise, the statutory seven days apply throughout the probation period.
Employers therefore need to factor that notice in when a termination is on the table. Notice has to be given before the probation period ends. The seven days themselves may run past its expiry.
Is the probation period extended by an absence?
The probation period can be extended where the employee is prevented from working during it for certain reasons the law sets out.
That is the case for:
- illness;
- accident;
- performance of a legal obligation the employee did not take on voluntarily, such as military service.
In these situations, the probation period is extended by the same length as the interruption.
If an employee is off for ten days through illness during their first month, for example, the probation period is extended by ten days. The extension gives employer and employee a genuine assessment period despite the break in activity.
This matters for companies, because an absence during probation moves the date on which it actually ends. A termination issued in the belief that probation is over could then fall under different rules.
Does protection against dismissal apply during probation?
In Switzerland, the protected periods against termination at an inopportune time apply only once probation has ended.
These protections, set out in the Code of Obligations, prevent an employer from terminating the contract in certain situations, including:
- incapacity for work due to illness or accident;
- certain periods linked to pregnancy and maternity.
During probation, however, they do not apply. The employer can end the contract even where the employee is absent through illness or accident, provided the seven-day notice period is respected.
The rule preserves the whole point of probation: letting both sides assess the working relationship within a flexible framework. It does not release the employer from the other rules of Swiss employment law for employers, and in particular from the prohibition on wrongful termination based on a discriminatory or otherwise unlawful ground.
Is salary different during the probation period in Switzerland?
Probation changes nothing about the general rules on pay. From the first day of employment, the employee gets the salary conditions set out in their contract.
Employers therefore have the same obligations as for any other employee when it comes to paying salary, social security contributions and administrative handling.
The usual salary rules apply from day one
Contrary to a common belief, probation is not a period during which the employer can freely reduce salary or apply special conditions.
Salary has to be set in line with what the employment contract provides. The employee is entitled to the agreed remuneration from the day they start, even though the working relationship is still in its assessment phase.
Employers also have to meet their usual obligations on:
- paying salary on the agreed dates;
- mandatory social security deductions;
- producing the documents that go with payroll.
Managing the probation period therefore belongs inside the company's normal payroll process.
The commercial traveler exception
The Code of Obligations provides a specific rule for commercial traveler contracts.
In that particular case, salary may be freely set in writing during a probation period of no more than two months.
The exception covers only situations matching the legal status of commercial traveler, and does not extend to ordinary employment contracts.
For most employers, the general rules therefore hold: probation lets you assess the working relationship, but it does not alter the employee's fundamental rights on pay.
Simplify probation period management with Numeriq Payroll
The probation period is an important stage in the relationship between an employer and an employee. It lets you assess the fit between the role and everyone's expectations, but it also brings several administrative steps: drafting the contract, tracking deadlines, handling any absences, processing payroll and meeting social insurance obligations.
For companies, particularly SMEs and international businesses recruiting in Switzerland, keeping track of all this gets complicated quickly. An error in the duration set out in the contract, in calculating a deadline, or in handling the end of a working relationship means extra work and ties up internal resources.
At Numeriq Payroll, we support companies with payroll management in Switzerland and their administrative obligations. Our team helps you keep probation periods on track while simplifying the day-to-day management of your staff.
What we cover includes:
- administrative handling of employment contracts;
- tracking probation periods and the deadlines that matter;
- carrying changes in an employee's situation into payroll;
- managing absences and anything that affects remuneration;
- meeting social insurance and administrative reporting obligations.
With our Swiss payroll expertise, we help companies run reliable, compliant processes without having to shoulder every administrative constraint of employment on their own.
Our multilingual team based in Switzerland already supports more than 100 companies and 1,000 contractors with their payroll and administrative needs. With over 50 years of combined experience, support available 24/7 and a payroll accuracy rate of 99.9 percent, we put our know-how behind simple, secure handling of employer obligations.
That lets you concentrate on growing your business while working with a specialist partner to manage your staff within the Swiss legal framework.
