Probezeit (Probation Period)
Probezeit is the probation period at the start of a Swiss employment contract—typically 1 to 3 months—during which either party can terminate with shorter notice (often just days or 1 week) and without cause. It lets employer and employee test fit before full commitment. You must state the duration in the written contract; omitting it defaults to Swiss law minimums.
Probezeit is the mutual trial phase that begins when an employee starts work under a new employment contract. During this time, both employer and employee can end the relationship quickly and without stating reasons—usually with notice of 7 days or less, depending on what your contract says.
The law does not force you to offer a probation period, but it is standard practice in Swiss recruiting. If you do not explicitly agree one in writing, Swiss law applies default rules that may not suit your needs.
When Probezeit Comes Up
You set a Probezeit clause every time you hire a new employee. It appears in the employment contract before the person starts. The duration must be stated clearly—the law permits 1 to 3 months for most roles, though special contracts (apprenticeships, senior roles) may differ.
Probezeit applies equally to all new hires, regardless of Pensum or contract type (permanent, fixed-term, full-time, part-time). The period runs from day one of employment, not from signature date.
- State probation duration explicitly in the written contract signed before employment starts
- Common lengths: 1 month for experienced hires, 3 months for junior or specialized roles
- Applies to all new employees unless the contract says otherwise
- Runs concurrently with the employment relationship—no separate 'trial phase' after hire
- Either party may terminate during Probezeit with agreed notice (typically 7 days)
- Does not apply to role changes within the same employer unless a new contract is signed
Your Obligations as Employer
You must offer fair treatment and proper work conditions during Probezeit—the law does not suspend employee protections. Wages, Pensum, and hours must match the contract. Termination must still respect notice periods you agreed in writing.
Under Swiss law (Code of Obligations, ArG), you may not dismiss during probation on discriminatory grounds (age, gender, religion, disability). The burden of proof falls to the employee, but courts review termination closely. Keep documentation of performance issues if you plan to terminate.
- Pay full contracted salary and benefits throughout Probezeit
- Respect agreed notice periods—do not terminate 'instantly' unless the contract permits it
- Do not discriminate; dismissal must not be based on protected characteristics
- Provide the same workplace safety, privacy, and conduct standards as post-probation staff
- Issue an Arbeitszeugnis (certificate of employment) if requested, even for brief probation employment
- Document any performance concerns in writing in case of later dispute
The Most Common Mistake
Forgetting to state Probezeit duration in writing. Many employers assume a verbal agreement suffices or use a template that omits the clause. If no written term is agreed, Swiss law defaults to 14 days' notice for both parties—far longer than the quick exit you probably intended.
The second mistake: treating Probezeit as a consequence-free period. Courts and the State Secretariat for Economy (SECO) will still scrutinize unfair or discriminatory dismissals. A probation clause does not shield you from liability if you terminate on illegal grounds. Consult a labour lawyer if probation dismissal is contested.
- Always include Probezeit duration in the signed written employment contract
- Do not assume verbal agreement or email exchanges create a valid probation clause
- Keep the probation period realistic: 1–3 months aligns with market practice and avoids legal challenge
- Record the specific notice period allowed during Probezeit (e.g., '7 days') in the contract
- Do not use Probezeit as an excuse to bypass termination fairness—discriminatory or retaliatory dismissal is still illegal
- If unsure about termination grounds, seek legal advice before issuing notice
Frequently asked questions
- Can I include a 6-month probation period?
- Swiss law permits 1–3 months for standard employment; longer periods are possible only in specialized contracts (e.g., senior executives, apprenticeships under special rules). A 6-month clause may be challenged as unreasonable. Keep it to 3 months unless your sector or a collective agreement (GAV) specifies differently. A lawyer should review non-standard terms.
- What notice do I give to end Probezeit?
- The notice period is whatever you state in the contract (e.g., 7 days, 14 days). The law does not require written cause; you do not need to explain. However, the dismissal itself must not be discriminatory. Provide written notice and the agreed period before the employment ends.
- Do I owe a severance payment if I terminate during Probezeit?
- No, unless the contract or a collective agreement (GAV) requires one. Probation termination is at-will, so no severance obligation exists by default. However, if termination is deemed abusive or discriminatory, a court may order compensation. Check your industry's GAV to confirm no special rules apply.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.