Terminating During Probezeit
Probezeit (probation period) is a trial phase, usually 3 months, where either employer or employee can end the contract with one week's notice to any day. Swiss law (Code of Obligations) allows this simplified termination without cause. You must still follow formal notice requirements and document the dismissal.
Probezeit is the probation period at the start of employment in Switzerland, typically lasting three months. During this time, both parties can terminate the employment relationship with shorter notice periods than afterward.
For most employment contracts in Switzerland, Probezeit is a standard feature. It appears in nearly all written employment agreements, whether full-time, part-time, or Pensum-based roles across all cantons.
When Probezeit Termination Applies
Probezeit begins on the first day of employment and lasts until the agreed end date—most often three months. After Probezeit ends, standard termination notice periods (typically one month to the 15th or end of a calendar month) apply instead.
You can terminate during Probezeit if performance does not meet expectations, fit is poor, or business needs change. No justification is required to dismiss during this period, though the dismissal must still be in writing.
- Standard Probezeit duration: three months (may be shorter by agreement, rarely longer)
- Notice period during Probezeit: one week to any day of the week
- No cause required to dismiss during Probezeit under Swiss law (Code of Obligations, OR Art. 335c)
- Applies in all 26 cantons; some GAV (collective labour agreements) may set different terms—check yours
- Termination must be in writing and delivered to the employee before notice period expires
- After Probezeit ends, standard notice periods (usually one month) take effect immediately
Your Obligations When Terminating
Send written notice within the Probezeit window. The notice period is one week to any day; if you notify on a Wednesday, the contract ends the following Wednesday. Email counts as written notice.
You must provide an Arbeitszeugnis (work reference) if the employment lasted more than three months or if the employee requests one. Keep records of the termination for your own documentation.
- Deliver notice in writing before the one-week deadline expires
- Calculate the end date correctly: one week from the day notice is given, not from receipt
- Do not dismiss on discriminatory grounds (age, gender, pregnancy, disability, religion)—Swiss law prohibits this regardless of Probezeit
- Provide final salary and accrued holiday immediately or by the contractual pay date
- If Probezeit is part of a GAV, confirm the notice period matches your collective agreement
- Store termination notice and confirmation of receipt as proof of proper dismissal
Most Common Mistake
Assuming you can dismiss without notice or dismiss verbally. Employers often miss the one-week notice requirement or fail to put termination in writing, creating disputes about whether dismissal actually occurred.
Another frequent error is confusing Probezeit end date with contract end date. If you do not dismiss during the three-month Probezeit window, the employee's contract continues under standard terms—you cannot retroactively apply Probezeit rules.
- Terminating verbally and assuming it is valid—always use written notice (email is acceptable)
- Miscalculating the one-week notice period or dismissing 'immediately'—this violates the notice requirement
- Failing to dismiss within the Probezeit window, then trying to dismiss later under Probezeit rules
- Not providing required Arbeitszeugnis if employment lasted over three months or on request
- Dismissing for discriminatory reasons during Probezeit—illegal protection applies regardless of trial period
- Forgetting to settle salary, 13. Monatslohn (if applicable), or holiday balance on time
Frequently asked questions
- Can I dismiss an employee during Probezeit without a reason?
- Yes. Swiss law (OR Art. 335c) permits termination during Probezeit without stating a reason. However, dismissal on discriminatory grounds (age, gender, pregnancy, disability, religion, political opinion) is still illegal. You must follow the one-week written notice requirement.
- What if my Probezeit is longer or shorter than three months?
- Probezeit length is set in the employment contract. If you agreed to a different duration (e.g., one month or six months), the same one-week notice rule applies, but the trial window closes on your agreed end date. Check your contract and, if you have a GAV, confirm it does not override your terms.
- Do I have to pay holiday or 13. Monatslohn if I dismiss during Probezeit?
- Yes. Accrued holiday and any earned 13. Monatslohn (if your contract or GAV includes it) must be paid in full at the end of employment, even during Probezeit. Unpaid wages cannot be forfeited due to early termination.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.