Probation Period (Probezeit) Clause in Swiss Employment Contracts
A probation period lets both employer and employee test fit before full commitment. Swiss law permits probation up to 3 months for most roles; some collective agreements (GAV) allow up to 6 months. Either party may terminate during probation with 7 days' notice, but your contract clause must be clear and fair—vague terms cause disputes over notice periods and severance eligibility.
The probation period (Probezeit) is a mutual trial phase at the start of employment. During this time, the employer assesses work quality and culture fit; the employee confirms the role meets expectations. Swiss law treats probation as part of the contract—not a separate agreement.
What matters in the clause: permitted duration, notice periods for termination during probation, and whether wages, benefits, or severance apply. These details prevent costly misunderstandings when either party wants to end the relationship early.
What Swiss Law Allows for Probation
The Swiss Code of Obligations (Obligationenrecht, OR Article 335c) permits probation periods of up to 3 months for most employment relationships. Some canton-level or industry-wide collective agreements (GAV) extend this to 6 months—check your industry and location before drafting.
Probation cannot be extended unless the contract explicitly allows it from the start. Once probation ends, the standard notice period (usually 1 month or per GAV terms) applies to future terminations. Both parties keep equal rights to end the relationship during probation.
- Maximum length is 3 months; GAV or sector rules may permit 6 months.
- Notice period during probation is typically 7 days per law; never less than 7 days.
- Probation can only be extended if the original contract says so upfront.
- The employee remains entitled to wages and Pensum continuity during probation.
- Termination during probation does not require 'cause' but must respect the notice period.
- Arbeitszeugnis (work reference) rules apply even if probation ends the contract.
What a Clear Probation Clause Should Contain
A solid clause names the duration (e.g., 'The probation period is 3 months from the employment start date'), confirms the notice period (e.g., '7 days' notice from either party'), and clarifies whether probation extends part-time hours or Pensum changes. Avoid leaving any of these blank.
State whether the employee is entitled to pay in lieu of notice if dismissed before the 7 days elapse, and whether unpaid leave or sickness during probation extends the period. These details are where disputes start.
- Specify the exact start and end date or counting method (e.g., 'from hire date', 'from first day in role').
- Confirm 7-day notice period or reference the GAV if it differs.
- Clarify whether the probation applies to part-time Pensum (e.g., 60%) or full-time equivalent.
- State if sickness, accident, or vacation during probation extends the period (rare; most contracts say no).
- Confirm full wages and benefits apply during probation (no probation 'discount' is enforceable).
- Note whether an Arbeitszeugnis is issued if probation ends the contract.
Common Mistakes That Cause Disputes
Employers often assume they can terminate probation without notice. Swiss law requires 7 days' minimum notice even during probation—verbal termination or immediate dismissal is not valid unless the employee agrees. This mistake has led to reinstatement cases.
A second frequent error: failing to specify notice period in the contract at all. Courts then apply the 7-day legal default, which may not match your intent. Silence also creates confusion about whether part-time staff probation counts calendar days or working days.
- Terminating probation with no written notice or fewer than 7 days—courts may require reinstatement or damages.
- Omitting the notice period entirely, forcing reliance on legal defaults that may not suit your need.
- Assuming probation extends unpaid leave or sickness automatically—clarify this upfront to avoid disputes.
- Using a probation clause that contradicts the GAV or canton rules for your industry.
- Failing to issue an Arbeitszeugnis when probation ends the contract—creates legal risk and employee grievance.
- Extending probation mid-contract without explicit upfront language—Swiss courts reject this as unfair.
Frequently asked questions
- Can I set a probation period longer than 3 months without a GAV?
- No. Swiss law caps probation at 3 months unless a collective agreement (GAV) in your sector or canton permits 6 months. Verify your industry GAV before drafting. If you contract a longer term without GAV backing, courts treat the excess as invalid and revert to 3 months.
- What if I dismiss someone during probation but forget to give 7 days' notice?
- The dismissal is invalid. The employee can demand reinstatement or damages. Always send written termination and count 7 calendar days minimum. Even if the employee leaves immediately, the notice period protects you legally. Use a template or send a registered letter to avoid disputes.
- If someone is sick during probation, does it extend the probation period?
- Only if your contract says so. Most Swiss employment contracts do not extend probation for sickness or accident. If silence on this point is creating concern, update your template to state clearly: 'Sickness or accident during probation does not extend the period.' This gives both parties certainty.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.