Many people arrive in Switzerland with a contract in hand and the idea that, once signed, they’ll have a degree of stability. Probationary periods exist in Spain too, so that’s no surprise. But what is surprising, when the time comes, is just how vulnerable you are during those first few weeks or months.
The Swiss Code of Obligations stipulates that the probationary period is one month by default (Art. 335b CO). The contract may extend this to a maximum of three months. During this time, the employer may terminate the employment relationship with just 7 days’ notice. No extended notice period, no special compensation, and no explanation beyond the bare minimum. You can do the same, of course. But in practice, it is the employee who bears the risk.
There is a minimum level of protection: if you fall ill or have an accident during the probationary period, that period is put on hold. The days you are off work do not count towards the probationary period, and the period is extended proportionally. This means that your employer cannot use your absence to speed up the process.
Once the probationary period is over, the rules change radically. Notice periods increase in line with length of service: one month during the first year, two months from the second to the ninth year, and three months from the tenth year onwards. That’s when you really have protection.
What might seem like a minor detail when you’re just starting out could have very specific consequences. It’s best to be aware of this before you sign, not after you’ve been summoned to a solicitor’s office on a Friday afternoon.