Trial Work Day (Probearbeit)
Probearbeit is a short unpaid trial where a candidate works for you before you hire them. It's common in Switzerland for roles where skills are hard to assess on paper—trades, hospitality, care work. Each canton sets rules differently; most allow 1–2 days without formal employment obligations, but you must still cover accident insurance and follow working-time limits.
A trial work day (Probearbeit) lets you watch someone actually do the job before you commit. The candidate works for free, usually for one or two days, while you both decide if it's a fit.
It's most common in hands-on roles—baking, carpentry, nursing, restaurant kitchens—where a CV tells you almost nothing. You see their speed, technique, attitude, and how they fit with your team.
When trial work comes up
Use Probearbeit when technical skill or soft fit matters more than credentials. Trades, hospitality, healthcare, and domestic work are the most common fields.
It must be genuinely brief. If someone works for three days, it stops being a trial and becomes an employment relationship—you owe them wages, holiday pay, and all protections.
- Best for roles where you can't assess ability from references or qualifications alone
- Typical length is one full day or two half-days—check your canton's default
- Must be arranged and confirmed before the person arrives
- Works best when the task is concrete: bake a loaf, install a window, take patient vitals
- Not suitable for office roles; recruiters and hiring managers should use interviews instead
- Cannot replace a proper Arbeitsvertrag if you later hire the person
Your obligations during the trial
You must cover accident insurance for the trial day—your business liability insurance usually includes this. Confirm coverage with your broker before the person arrives.
Working time limits in your canton still apply. You cannot work someone 14 hours on a trial day just because it's unpaid. ArG (Labour Act) limits daily hours; your canton may be stricter.
- Provide safe working conditions and equipment as if they were an employee
- Do not ask them to do work you could not ask an employee to do
- Pay for any materials or tools they must provide or damage during the trial
- Make the scope and date clear in writing before they arrive
- Never use trial work to replace a fired employee or avoid paying wages
- Document what they did and how they performed—this can help your hiring decision
The most common mistake
Employers often stretch Probearbeit into three, four, or five days without paying. At that point it becomes employment. You then owe back wages, contributions, and holiday pay—plus the person can claim unfair dismissal.
The line is blurry and canton-dependent. If you are unsure whether a trial is still a trial or has become a job, ask your lawyer or canton labour office (Arbeitsinspektorat) before continuing.
- One or two days is usually safe; anything longer looks like unpaid work
- If the trial leads to hiring, do not back-date wages—pay the new contract from day one
- Do not use repeated short trials instead of hiring; that looks like wage avoidance
- Keep written records of trial dates and outcomes
- If a trial candidate is injured, report it as a workplace accident to your accident insurer
- Remember: a trial is a tool to decide *whether* to hire, not a way to get free labour
Frequently asked questions
- Can I ask someone to work a trial day in a role I haven't advertised?
- Yes, but it must still be a genuine trial—short and unpaid. If you find a great candidate and want to test them before posting the job, that is acceptable. What matters is the length and the insurance coverage, not whether you had advertised first.
- What if the person gets injured during a trial work day?
- You are liable. Accident insurance covers them as if they were an employee. Report it to your accident insurer (Suva or comparable). The injury does not mean the trial was illegal, but negligence on your part does. Ensure safe conditions.
- How do I know if my canton allows trial work or sets a time limit?
- Trial work is not forbidden in Switzerland, but cantonal labour offices interpret ArG differently. Contact your Arbeitsinspektorat or consult your industry's GAV (collective labour agreement). Some GAVs ban trial work; others allow it under specific terms.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.