The Probation Period in Switzerland: Rules and Duration

You are coming from France, you land a job in Switzerland, and the contract mentions a "trial period of three months." That is longer than what you are used to, and the rules are not the same as in France. How long does this period really last? Can you be dismissed overnight? What happens if you fall ill?

For a cross-border worker or a candidate discovering the Swiss market, the probation period is often the most unclear part of the contract. Yet it is clearly regulated by the Code of Obligations. Here is what the law says, explained simply, along with what changes concretely for you.

How long does the probation period last in Switzerland?

The basic rule comes down to two numbers. According to article 335b of the Code of Obligations, if nothing is agreed in writing, the first month of the contract counts as the trial period. The parties can, however, agree in writing on a different duration, within one limit: the trial period can never exceed three months.

In practice, this leaves several scenarios:

Three months is therefore the absolute ceiling, never an obligation. Many Swiss employers write three months out of habit, but you can absolutely negotiate a shorter duration before signing. Conversely, a clause providing for four months would be illegal and reduced to three.

One point that often surprises candidates coming from France: a fixed-term contract does not trigger an automatic probation period. If your FTC mentions none, there is none, unless both parties have added one in writing.

What is the notice period during probation?

This is the most striking difference from France. During the trial period, each of the two parties can end the contract at any time, with a notice period of only seven days.

This seven-day period runs in calendar days, not working days. Unlike the notice that applies after the trial, it does not need to fall at the end of a month: notice can be given on any day, and the seven days start from that moment.

Another particularity: no reason is required. Neither the employer nor the employee has to explain why they are ending the contract. That is precisely the function of the trial period: to let each side check, without a heavy commitment, that the collaboration works.

This applies both ways. If you realise the job is not right for you, you can leave with the same seven-day notice, without having to justify yourself.

Can you be dismissed during the probation period?

Yes, and that is exactly the spirit of this period. The protections that normally exist against dismissals "at an inopportune time" (articles 336c and 336d of the Code of Obligations) do not apply during the trial period.

Put plainly, during the trial, an employer can end the contract even if the employee is ill, injured in an accident or pregnant. These situations, which block a dismissal once the trial is over, do not yet protect the employee.

There is still one limit, however. The dismissal must not be abusive within the meaning of article 336 of the Code of Obligations. A termination given for a discriminatory reason (origin, sex, religion, union membership) or because the employee exercised a constitutional right can be challenged and give rise to compensation. In other words, the absence of a reason is the norm, but a discriminatory reason remains punishable, even during the trial.

Can the probation period be extended?

Yes, in specific cases, and it is worth knowing. Article 335b, paragraph 3, provides that the trial period is extended when work is interrupted for one of these reasons:

The extension is pro rata: the trial period is lengthened by the number of working days actually missed. Only the days that should have been worked count. An incapacity occurring on a Sunday, for example, does not enter the calculation.

One consequence to keep in mind: because of these extensions, the trial period can, in practice, stretch beyond three calendar months. And throughout this extension, the employee remains without the usual protection against dismissal. A long absence due to illness therefore does not shield you from a termination.

What changes for a cross-border worker or a French candidate?

If you are coming from the French system, a few reference points will help you avoid mistakes.

• The vocabulary. In Switzerland, people speak of the "trial period" rather than the probation period, but it is the same thing.
• The duration. Three months maximum, whereas France distinguishes durations by category. The Swiss ceiling is single and clear.
• The notice period. Seven days during the trial, which is very short. A candidate can find themselves out of work quickly, but can also leave just as fast if they receive a better offer.
• Cross-border worker status. Ending a contract during the trial has consequences for your G permit and your unemployment rights. These rules fall under specialised bodies, not your employer: check with your unemployment fund and the relevant administration before signing.

Fundamentally, the trial remains a period of mutual observation. The best way to get through it calmly is to arrive with an application that has already convinced on the right criteria. A CV calibrated to Swiss standards and a cover letter aligned with the posting reduce the risk of misunderstanding from the start. That is exactly what candidat.app does: from your real background, the tool generates a CV and a cover letter tailored to each posting and to the expectations of the Swiss market, without inventing anything. To go further on the expected format, also read our article on how long a CV should be in Switzerland and the one on how ATS software works.

In short

The probation period in Switzerland lasts one month by default and three months at most, and it must be set in writing to last longer than one month. During the trial, either party can end the contract at any time with a notice of seven days, without giving a reason. The protections against dismissal in cases of illness, accident or pregnancy do not yet apply, but an abusive or discriminatory termination remains punishable. The trial period is extended by the number of working days missed due to illness, accident or compulsory service, but not for holidays or pregnancy. Finally, a fixed-term contract has no automatic trial period.