Termination During Probation in Switzerland: What’s Allowed & What’s Not
Jurilo by Lawise.ai:
Termination during the probationary period raises many questions in Switzerland – especially in cases of illness, notice periods, or termination on the very first working day. This article explains the legal rules under the Swiss Code of Obligations (CO) in a clear and practical way for both employees and employers.
The probationary period is clearly regulated under Swiss employment law, but is often misinterpreted in employment contracts or unlawfully extended.
Duration of the Probationary Period
Statutory
The statutory probationary period is one month from the start of employment (Art. 335b para. 1 CO).
Contractual
By contract, the probationary period may be extended up to a maximum of three months or shortened — however, this must be agreed in writing (Art. 335b para. 2 CO).
Notice Period During the Probationary Period
Statutory
During the probationary period, the employment relationship may be terminated with a notice period of 7 days (Art. 335c para. 1 CO).
Contractual Deviations
The notice period may be shortened or extended by contract, but only if this is agreed in writing (Art. 335c para. 2 CO).
Who Does What Apply To?
For Employers
- Termination during the probationary period is generally permitted
- No blocking period in case of illness
- Caution in cases of discriminatory motives
For Employees
- 7-day notice period
- No protection against termination during illness
- Possible entitlement to compensation in case of abuse
Termination During Illness in the Probationary Period
During the probationary period, no statutory blocking period applies in case of illness. This means:
The employer may terminate the employment relationship even while the employee is ill — the termination remains valid (Art. 336c CO only applies after the probationary period).
Abuse & Discrimination
When Termination Is Still Unlawful
Even during the probationary period, a termination is unlawful if it is abusive or discriminatory, for example:
- due to personal characteristics (e.g. gender, religion, origin)
- because a constitutional right was exercised (e.g. freedom of expression)
- to prevent claims (e.g. upcoming salary continuation during illness)
- due to trade union membership or activity
Such terminations are considered abusive under Art. 336 CO and may result in compensation of up to six months’ salary (Art. 336a CO).
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FAQ on Termination During the Probationary Period
Is termination on the first working day allowed?
Yes, termination on the first working day is permitted — including during the probationary period with a 7-day notice period.
Can the probationary period be extended?
Yes, the probationary period can be extended by contract — but only up to a maximum of 3 months and only if agreed in writing (Art. 335b para. 2 CO).
Is termination via WhatsApp valid?
Yes, termination via WhatsApp is legally valid, but not recommended for evidentiary reasons.
Does the probationary period also apply to part-time jobs?
Yes, the probationary period applies regardless of workload, including part-time employment.
Can the probationary period be extended due to illness?
Yes, in case of illness, the probationary period is extended by the duration of the absence (Art. 335b para. 3 CO).
Is summary dismissal possible during the probationary period?
Yes, summary dismissal is possible at any time for good cause (Art. 337 CO).
Does the probationary period apply to fixed-term contracts?
Yes, a probationary period may also be agreed in fixed-term employment contracts.
What happens if the contract does not mention a probationary period?
In that case, the statutory probationary period of one month automatically applies (Art. 335b para. 1 CO).
Can a termination during the probationary period be challenged?
Yes, if the termination is abusive (e.g. discriminatory), it may be challenged (Art. 336 CO).
Do different rules apply to apprentices or interns?
Yes, apprentices are subject to special protective provisions under the Vocational Education and Training Act; for interns, the contractual terms are decisive.
