What notice period applies during the probation period?

The probation period allows the employer and the employee to check whether the working relationship is a good fit.

During this period, the contract may be terminated more quickly than after the end of the probation period.

What is the statutory period?

In principle, the notice period during the probation period is seven days:

Seven calendar days: Both the employer and the employee may terminate the contract at any time by observing a period of seven calendar days. The contract may therefore end on any day of the week, and not only at the end of a month.
Notice received before the end of the probation period: The notice must reach its addressee before the end of the probation period. The period is then calculated from receipt according to the statutory rules. During the probation period, the protection against termination at an inopportune time, in particular in the event of illness, does not apply. An involuntary absence may nevertheless extend the probation period.

The seven-day period may be modified in certain cases:

Written agreement, SEC or CEA: The parties may provide for a shorter or longer period in a written agreement, a standard employment contract or a collective employment agreement. They may also exclude the probation period. In private law, it may in principle not last more than three months.
Temporary work and the public sector: Special rules may apply. In temporary work, the minimum period may be two days during the first three months of uninterrupted service. In the public sector, the period depends on the applicable federal or cantonal provisions.

After the probation period, the ordinary notice period applies. During the probation period, the protection against termination at an inopportune time does not apply. Our article on legal AI for individuals also explains how to use a legal tool with caution.

Federal legislation:

Art. 335b para. 1 CO (seven-day notice period at any time during the statutory one-month probation period)
Art. 335b paras. 2 and 3 CO (derogations by written agreement, standard employment contract, or collective employment agreement; three-month maximum and automatic extension in the event of illness, accident, or a statutory duty)
Art. 19 para. 4 EmpA (specific notice periods for hiring services and temporary work)
Art. 30a para. 1 FPOandArt. 12 para. 2 FPA (seven-day notice period during the probation period for federal staff)
Art. 336c CO (cited in Federal Supreme Court judgment 4C.45/2004 (Note: This decision is more than two years old; its current legal relevance should be checked) ; Art. 5 para. 3 SEC for nursing staff ) (exclusion of protection against termination at an inopportune time during the probation period)
Art. 77 para. 1 no. 3 CO (cited in BGE 144 III 152 (Note: This decision is more than two years old; its current legal relevance should be checked)) (computation and expiry of time limits fixed in months)

Federal case law:

BGE 131 III 467andFederal Supreme Court judgment 4C.423/2004 (starting point of the notice period from receipt of the communication and freedom to terminate on any date during the probation period) (Note: These decisions are more than two years old; their current legal relevance should be checked)
BGE 144 III 152 (calculation of the probation period starting from the first day of employment to determine whether seven days' notice was provided in time) (Note: This decision is more than two years old; its current legal relevance should be checked)
BGE 148 III 126 (postponement and calculation of the end of the probation period in the event of illness during the trial period to determine the validity of the notice) (Note: This decision is more than two years old; its current legal relevance should be checked)
Federal Supreme Court judgment 4C.278/2003 (mandatory written form to exclude the probation period or to deviate from its standard rules) (Note: This decision is more than two years old; its current legal relevance should be checked)
Federal Administrative Court judgment A-4951/2022 (more flexible contractual relationship allowing for termination with seven days' notice during the probationary period)

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