How does Switzerland probation work in 2026?

What probation modifies under Swiss law:

• Shorter notice on both sides. Either party can end the contract during probation on 7 days, to any day of the calendar month. After probation, the employer must give at least 4 weeks in year one, rising to 2 months in years two to nine, and 3 months from year ten.
• Shorter review window. The employer assesses fit, outputs, and cultural alignment in a tight 3 months frame. The contract can specify the probation length up to the statutory cap.
• Contractual benefits may be deferred. Some Swiss employers hold back enhanced sick pay or additional pension contributions until probation passes. The statutory minimums (sick pay under Art. 324a CO, BVG pension enrolment) apply from day one regardless.

What probation does not change:

• Abusive dismissal protection under Art. 336 to 336c CO applies from day one. There is no qualifying period. A dismissal for a discriminatory or retaliatory reason is challengeable immediately.
• The 7 days probation notice period is a floor, not a ceiling. The contract can set a longer period during probation, but it cannot go below seven days.
• Annual leave under Art. 329a CO accrues from the first day of employment. The employee builds entitlement proportionally from day one, not from the end of probation.
• The obligation to issue a written employment contract applies from the start of employment. An oral probation agreement alone does not meet Swiss evidential requirements.

Probation length by role type (Swiss mid-market pattern):

The abusive-dismissal gap from day one

Switzerland's 3 months statutory cap is short by European standards. The more significant feature is that abusive dismissal protection under Art. 336 CO applies with no qualifying service threshold at all. A dismissal for a discriminatory, retaliatory, or rights-related reason is challengeable from the very first day of work. The indemnity a court can award is capped at 6 months of salary. The employee cannot claim reinstatement, but the financial risk starts from day one and exists throughout the employment, including during probation.

There is no pending Swiss legislative change to the probation cap or the abusive dismissal regime. The 3 months Art. 335b cap has been stable since the Code of Obligations was last revised in this area.

What the procedural bar looks like during Swiss probation:

1. Written notice is safest. Swiss law does not technically require written notice during probation for a valid termination. In practice, always give notice in writing. It avoids disputes about whether and when notice was given.
2. Respect the 7 days notice period. Either side can give 7 days to any calendar day. The floor cannot be reduced by agreement or custom.
3. Do not dismiss for an abusive reason. Under Art. 336 CO, a dismissal is abusive if it is made because of an employee's personal characteristics, exercise of a constitutional right, internal complaint, union membership, pregnancy, or similar protected ground. These apply during probation without any service threshold.
4. Set clear performance criteria from the start. Written, role-specific expectations documented at the outset give the employer a clear basis if the outcome is questioned later.
5. Hold structured review meetings. At weeks four and eight for a 3 months probation. Document what was discussed and keep records in the employee file.
6. Put performance concerns in writing. Any concern raised verbally in a review should be followed by a written summary. A paper trail matters if an abusive dismissal claim is raised.
7. Confirm the outcome in writing. Whether passing or ending probation, confirm in writing, stating the notice period end date and any final arrangements.

An employee who believes a probation dismissal was abusive has 180 days to submit a request for a conciliation hearing. That window starts from the end of employment, not from when notice was given. The indemnity a court can award is capped at 6 months of salary. There is no reinstatement remedy in Switzerland.

1. Issue a written employment contract before day one

   An oral probation agreement alone does not meet Swiss evidential requirements. The contract must state the agreed probation length, up to the statutory maximum of three months under Art. 335b CO, and be in the employee's hands before work begins.

2. Register the employee with AHV/IV/EO and enrol in BVG from day one

   Social insurance registration and occupational pension enrolment apply from the first day of employment regardless of probation status. These obligations cannot be deferred until probation passes.

3. Set clear, written performance criteria at the outset

   Document role-specific expectations at the start of probation. Written, measurable criteria give the employer a defensible basis if a probation outcome is later questioned under the abusive dismissal rules, which apply with no qualifying period in Switzerland.

4. Hold structured review meetings at weeks four and eight

   For a full three-month probation, conduct documented reviews at weeks four and eight. Follow up any concern raised verbally with a written summary kept in the employee file. An employee who first hears serious concerns at the final review weakens the employer's procedural position.

5. Give written notice observing the seven-day probation period

   If ending the contract during probation, give notice in writing and observe the seven-day minimum period to any calendar day. The seven-day floor cannot be reduced by agreement or custom. Confirm the notice end date in writing.

6. Confirm the outcome in writing before the probation period expires

   Whether passing or ending probation, confirm in writing before the three-month cap is reached. Letting employment continue beyond the cap without written confirmation signals that probation has passed and the notice floor immediately rises to the post-probation statutory minimum.

The hard cap in Art. 335b CO means the extension options in Switzerland are narrower than in many other jurisdictions:

• If the contract specifies one or two months of probation, the parties can agree in writing to extend up to a maximum of 3 months. The extension must be documented and agreed before the original period expires.
• If the contract already specifies the full 3 months, there is no scope to extend further, regardless of circumstances such as illness or travel interrupting the assessment.
• For employees who were absent for a significant part of probation due to illness or accident, Swiss practice often treats the probation clock as suspended during the absence. The contractual wording governs. Legal advice is recommended before relying on this approach.

When the probation period is approaching its end and the picture is unclear:

1. Hold a review meeting before the original end date. Do not let the period expire without a documented conversation.
2. Write up the specific concerns before any extension agreement is signed.
3. State clearly what the employee must demonstrate during the extended period and by when.
4. Confirm the extension in writing with the new end date, confirming it stays within the 3 months cap.
5. If extending is not possible because the full cap is already in use, the choice is to confirm the role or end it. Letting the employment continue beyond the cap without confirmation signals that probation has passed.

Because Swiss probation runs for 3 months, the day-90 review is the final probation checkpoint, not a mid-point check. The meaningful decision point is right there at day 90. If an employee first hears serious performance concerns at the final review, having received no written feedback in the preceding two months, that is a procedural gap. It does not automatically create an abusive dismissal claim, but it weakens the employer's position if one is raised.

Day-one onboarding obligations under Swiss law include registering the employee with the AHV/IV/EO social insurance scheme, enrolling in a BVG pension plan from age 25, and providing the employment contract terms in writing. Annual leave of 20 days per year begins accruing from day one under Art. 329a CO. Continued salary during illness under Art. 324a CO vests after 3 weeks of service in year one.

Real HR and legal experts handle your Swiss hires from the first offer letter through every review meeting and probation outcome. An actual person, not a chatbot or a pooled queue. There is no setup fee and no exit fee. Employer cost passes through at cost, itemised on every invoice.

Most clients get through probation smoothly. The 3 months window works well when reviews happen on time and feedback is written down. The difficult cases are the ones where probation ends but the performance picture is still unclear. Teamed stays in the loop until it isn't a question any more.

Teamed's standard Switzerland service for probation and onboarding:

• Swiss contract includes a probation clause set to the agreed length, up to the statutory maximum of 3 months under Art. 335b CO
• Written contract issued before the employee's first day, meeting Swiss evidential requirements
• AHV/IV/EO social insurance registration and BVG pension enrolment handled from day one
• Probation review templates provided to client managers at day 30 and day 60 for a full 3 months probation
• Termination notice drafted and issued by Teamed if a probation dismissal is agreed, observing the 7 days notice period under Art. 335b CO
• Documentation kept centrally: feedback records, performance notes, review outcomes

The split is clear. The client owns the relationship and the performance assessment. Teamed owns the procedure, the legal paperwork, and the Swiss-law compliance. That keeps probation dismissals defensible without burdening the client with local requirements.

Key sources: Art. 335b CO (probation period), ICLG Switzerland Employment 2026, and CMS Law Switzerland dismissal guide.