Probationary period
The trial period applies to all companies, whether Swiss or foreign, employing staff in Switzerland. This period is subject to major restrictions for all of the following reasons:
- Because there are situations in which other means must be used instead of the trial period.
- Because the trial period allows not only the employer to assess the employee’s skills, but also the employee to terminate the contract prematurely if he or she is not satisfied, and the time limits are equal for both parties.
The legal rules surrounding the probationary period in Switzerland are crucial for human resources professionals who have to draw up contracts and deal with employee complaints, whether they work in-house at the company or as external consultants.
It’s also worth noting that private individuals who hire household staff (cleaners, nannies, gardeners), especially as the legal regime doesn’t change compared with a large company, so you have the same risks and needs.
Main legal rules
As far as the legal rules governing the trial period in Switzerland are concerned, here are the main ones:
- The trial period in an open-ended contract (CDI) is one month, unless otherwise stipulated by the parties, but may never exceed 3 months. Thus, the absence of information on the trial period in the contract results in a trial period of one month by law.
- In a fixed-term contract (CDD), the law only sets a maximum of 3 months for the trial period, but it must be provided for contractually. Otherwise, no statutory trial period applies.
- The trial period only applies to new employees or, very exceptionally, to those promoted to a position requiring significantly altered responsibilities, again justifying a trial period. On the other hand, it is not possible to apply a trial period to a freelancer who has become an employee for the same tasks, or for an open-ended contract concluded subsequently to an old fixed-term contract.
- The trial period is suspended and extended when the employee is absent due to illness, accident or the fulfilment of a legal obligation, but no extension applies due to holidays taken during the trial period.
- During the trial period, the contract may be terminated without cause, by either party, with 7 calendar days’ leave. The parties may, however, provide for no leave, shorter leave or longer leave.
- It is also possible to dismiss an employee who is pregnant, ill or unable to work during the trial period.
- However, and in exceptional circumstances, dismissal during the probationary period may be considered unfair, as the purpose of the probationary period must be taken into account.
Recommendations
To optimise working relationships, we recommend that you follow the recommendations below:
- When taking on a new employee, consider agreeing a 3-month trial period or using a fixed-term trainee contract for a longer period, which frees you from the obligation to continue the employment relationship if you are not satisfied.
- If you are not at all sure of the candidate’s abilities, particularly if they have no professional experience, give priority to a trial contract to assess their skills without any commitment.
- If you are promoting an employee, consider carefully whether a further trial period is justified by exceptional circumstances. If you’re not sure, it’s best to agree with the employee to end their existing contract and enter into a fixed-term contract for a new position.
- Also consult the UNIA website to find out whether there is a CLA with specific rules on probationary periods: https://www.service-cct.ch/
- Don’t miss the deadline for giving notice of termination during the trial period. After the last day of the trial period, the notice of termination will be at least 1 month for the end of the month in a permanent contract, and the fixed-term contract will have to be respected until its end.
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