Termination 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 when terminating employment during this time? Here you will find a compact overview of the most important rules and rights according to Swiss Code of Obligations (OR).

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1. How long does the probationary period last?

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

2. Notice period during the probationary period

Termination can be given with a notice period of 7 calendar days. This applies to both parties.

3. Is a reason for termination required?

No – during the probationary period, termination is permitted without justification. Nevertheless, the rules against abusive dismissals apply (§ Art. 336 OR).

4. What happens in case of illness or accident?

Protection against dismissal does not apply. However, there may be an entitlement to continued payment of wages, depending on the contract duration and applicable scale (Bern, Basel, Zurich).

5. Tips for a fair separation

Even during the probationary period, termination should be in writing and objective. With Jurilo you receive legally secure templates and verified answers within seconds.

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