Probation: one month by default, three months at most

Updated on October 24, 2026

Article 335b of the Code of Obligations sets probation at one month when the contract is silent. The parties may waive it, shorten it, or extend it in writing up to three months. During probation the contract may be ended on seven days' notice, for any day, not only the end of a month. The protection in article 336c starts only after probation.

Form and length

Any extension beyond one month must be in writing. A four-month clause does not stand: the statutory maximum is three months. If the employee is unable to work during probation, article 335b paragraph 3 extends probation by the length of that inability.

Probation (art. 335b CO)
SituationLengthNotice
Contract is silent1 month7 days
Agreed maximum3 months7 days

Sources

Probation period in Switzerland | Avocados AI