Must I pay candidates for a work sample test?

Swiss law does not have a blanket rule. If the test takes under 1–2 hours, most cantons and employers treat it as unpaid. Beyond 2–3 hours, you should pay. Check your canton's employment office and any applicable GAV. A lawyer can confirm your specific obligation.

Can I use the candidate's work sample after I hire them?

No. A work sample is an assessment tool, not a work-for-hire contract. You must not use it in production, sell it, or pass it to clients. Doing so is both unfair and legally risky. Delete it after hiring concludes.

What if a candidate refuses to do the test?

You can decline to hire them. It is not discrimination—they have the right to refuse, and you have the right to require it as a condition of the hiring process. Be consistent: if one candidate skips it, do not waive it for another.

Arbeitsprobe (Work Sample Test)

An Arbeitsprobe is a practical task—coding, design, writing, or assembly—that candidates complete to demonstrate ability. Swiss employers often use them to assess fit before hiring. You must treat test results confidentially, compensate candidates fairly if testing takes significant time, and ensure the task genuinely reflects the job.

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An Arbeitsprobe (work sample test) is a job-realistic task you ask candidates to complete during or shortly after the interview. It measures actual capability, not interview confidence. Common examples: a programmer solving a coding problem, a designer creating a mockup, or a logistics coordinator planning a delivery route.

Work sample tests are legal and widely used in Switzerland. They appear most often in technical roles, creative positions, and skilled trades. Unlike aptitude tests, they directly mimic real work, making them harder to dispute and more predictive of job success.

When You Use an Arbeitsprobe

Use a work sample when the interview alone cannot reliably show competence. This happens most in roles where skill gaps are costly—software development, accounting, design, or mechanical assembly. A 30-minute task often reveals more than an hour of conversation.

Timing matters. Offer the test after a first interview if you are genuinely interested. Testing every applicant for a low-stakes role wastes goodwill; reserve it for your shortlist. Candidates expect it in tech and trades; in generalist roles, explain why first.

Use for roles where a mistake in hiring is expensive or where experience alone does not guarantee competence
Offer only to candidates you are seriously considering; do not test all applicants
Make clear upfront whether the test is paid or unpaid, and how long it will take
Ensure the task reflects actual day-one work, not edge cases
Test the same task across all candidates to keep assessment fair
Set a realistic time limit—usually 30 minutes to 2 hours, rarely a full day for unpaid work

Your Legal Obligations

The ArG (Federal Labour Act) requires fair treatment. No federal law forbids work sample tests, but you must not exploit candidates as free labour. If the test will take 3+ hours, many cantons and GAV agreements expect you to compensate candidates—often at the minimum wage for that region or role level.

Data protection (revDSG) applies: store test results securely, use them only for hiring decisions, and delete them after hiring concludes. Rejected candidates may request what you learned about them. A lawyer should confirm your canton's and industry's specific rules on unpaid testing.

Compensate candidates if the test takes more than 2–3 hours of their time
Store results securely and delete them after hiring, unless legally required to retain
Use results only for the advertised role; do not share with other departments
Treat all candidates the same way: if one gets paid, all do
Inform candidates upfront whether compensation is included
Document your assessment criteria before the test, not after results arrive

The Most Common Mistake

Employers often set a test that is too hard, too vague, or unrelated to the real job. A developer asked to solve an algorithm no one at the company uses, or a copywriter given a 5,000-word assignment—these filter out good candidates and breed resentment.

The second mistake: inconsistency. You assess candidate A's code for elegance but candidate B's for speed. This bias makes results meaningless and exposes you to discrimination complaints. Define your scoring rubric beforehand, and use it the same way for everyone.

Make the task reflect an actual problem your team solves, not a textbook challenge
Keep unpaid tests under 2 hours to respect candidates' time
Write scoring criteria before the test: what makes a pass? What is critical versus nice-to-have?
Test the task yourself first to spot unclear instructions
Avoid tests that require tools, software, or knowledge candidates would not reasonably have
Do not ask for work you intend to use in production; use only as assessment

Frequently asked questions

Must I pay candidates for a work sample test?: Swiss law does not have a blanket rule. If the test takes under 1–2 hours, most cantons and employers treat it as unpaid. Beyond 2–3 hours, you should pay. Check your canton's employment office and any applicable GAV. A lawyer can confirm your specific obligation.
Can I use the candidate's work sample after I hire them?: No. A work sample is an assessment tool, not a work-for-hire contract. You must not use it in production, sell it, or pass it to clients. Doing so is both unfair and legally risky. Delete it after hiring concludes.
What if a candidate refuses to do the test?: You can decline to hire them. It is not discrimination—they have the right to refuse, and you have the right to require it as a condition of the hiring process. Be consistent: if one candidate skips it, do not waive it for another.

General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.