The probationary period in Switzerland does not work in the same way as in Spain

In Spain, the ‘probationary period’ usually lasts several months and comes with rules that more or less everyone is familiar with. In Switzerland,…

In Spain, the ‘probationary period’ usually lasts several months and comes with rules that more or less everyone is familiar with. In Switzerland, there is something similar, but it works quite differently, and this is something many people only realise later on – usually once they’ve already signed their contract, have been working for a few weeks, and something changes.

Under Swiss law (Article 335b of the Swiss Code of Obligations), the standard probationary period is one month. During that month, both the employer and the employee may terminate the contract with just 7 days’ notice and without having to give any reason. No registered letter setting out the reasons, nothing at all. This period may be extended by contract to a maximum of three months, but this must be expressly stated in the contract. If the contract makes no provision, the one-month default period applies. And the seven days’ notice, within that month, are seven actual days.

There are two things that very few people know. The first: if you fall ill during the probationary period, the time spent on sick leave does not count towards it; the period is suspended and resumes when you return to work. This protects the employee, but it also means that the probationary period may be extended. The second: during the probationary period, it is possible to be dismissed whilst on sick leave – something that cannot be done so easily later on in the contract. Once that period has passed, the notice periods become one, two or three months depending on length of service, and dismissal whilst on sick leave is suspended.

What is most surprising to the arriving Spaniards is that in Switzerland there is no concept of "unfair dismissal" with automatic compensation as in Spain. The employer may waive you by giving appropriate notice, without further obligation. That completely changes the way we understand job security. It's not better or worse, it's just different. And you have to know that before you sign.