Dismissal during the probationary period — rights & obligations in Swiss employment law

The probationary period is an important phase of the employment relationship — for employers and employees. But what should be considered if you cancel during this period? Here is a compact overview of the most important rules and rights Swiss Code of Obligations (OR).

‍

🚀 Jurilo Try it out for free — get a legally secure answer in seconds

‍

1. How long is the trial period?

The legal period is 1 month (§Art. 335b OR), unless otherwise agreed in the employment contract. It may not exceed 3 months amount to.
‍

2. Notice period during the trial period

Termination may be made with a notice period of 7 calendar days take place. This applies to both sides.
‍

3. Is there a need for a reason for termination?

No — there is a cancellation during the trial period without justification admissible. However, the rules against abusive terminations apply (§ Art. 336 OR).
‍

4. What happens in case of illness or accident?

There is protection against dismissal not. However, there may be a right to continued payment of wages, depending on the duration of the contract and the applicable scale (Bernese, Basler, Zurich).
‍

5. Tips for a fair separation

Even during the trial period, notice of termination should be given in writing and factually. With Jurilo receive legally compliant templates and verified answers within seconds.

‍

🔍 Would you like to know whether your employment contracts meet current standards?

👉 Try our digital legal service for free www.jurilo.ch/hr
✅ A clear, legally compliant answer within seconds — starting at CHF 1 per hour.

‍