Can Your Employer Fire You During the 3-Month Probation Period?
Starting a new job in Switzerland often feels like walking on eggshells, especially when you realize the legendary Swiss job security does not fully apply during your first 90 days. I remember the pit in my stomach during my first Swiss Probezeit, wondering if a single cultural misunderstanding would send me to the unemployment office. This guide clarifies the harsh legal realities of probation and how to navigate a sudden termination.
Understanding the Legal Framework of the Swiss Probezeit
In Switzerland, the probation period, known as the Probezeit in German or temps d'essai in French, is a unique legal window designed for both the employer and the employee to test the "fit" of the relationship. Under Article 335b of the Swiss Code of Obligations (OR), the first month of any employment relationship is considered a probation period by default, unless your contract states otherwise. However, in the vast majority of expat-heavy industries—from fintech in Zurich to NGOs in Geneva—this is almost always extended to the legal maximum of three months.
The psychological weight of this period cannot be overstated for foreigners. Unlike many other European countries where labor laws protect workers from the first day, the Swiss system prioritizes flexibility early on. During these initial three months, your employer can terminate your contract for almost any reason that isn't explicitly discriminatory. There is no requirement for them to provide a long-form justification or a performance improvement plan before letting you go. This "at-will" nature of the first 90 days is a significant hurdle for those who have moved their entire lives across the world for a specific role.
If your contract does not mention a probation period, you are still legally in one for the first 30 days. It is crucial to review your Swiss Work Contracts and Labor Law: Notice Periods, Leave, and Rights before your first day to see if they have reduced or waived this period, though waiving it is exceptionally rare. You should also be aware that if you are hired through an agency or for a fixed-term contract, the rules can vary slightly, but the three-month maximum remains the standard benchmark for most professional roles.
Contractual Extensions and Reductions
While three months is the standard, the law does allow for shorter periods. Some companies might offer a one-month probation for internal transfers or roles with lower complexity. Conversely, the period can be extended if you are actually unable to work during the probation due to illness, accident, or the fulfillment of a legal obligation (like Swiss military service). If you are sick for two weeks during your second month, your employer is legally allowed to extend the probation by exactly those two weeks to ensure they get the full "testing" time they paid for.
For expats, this extension can be a double-edged sword. On one hand, it gives you more time to prove yourself after a setback. On the other, it keeps you in a state of "easy-to-fire" limbo for longer. If you find yourself frequently struggling to communicate with colleagues during this stressful time, using a platform like Lingoda to sharpen your professional vocabulary can help mitigate the risk of being let go due to "poor cultural or communicative integration," which is a common catch-all reason for failed probations.
Mutual Termination Rights
It is important to remember that the probation period is a two-way street. Just as the employer can let you go, you can also leave with the same short notice period. If you realize in the first month that the company culture is toxic or the Working Models: Part-Time Percentages (e.g., 80% Workload) Explained are not being respected as promised, you have the right to exit quickly. This flexibility is often used by expats who find a better-fitting role shortly after arriving in the country.
The Short Notice Reality: How Termination Works
If the worst happens and your employer decides to terminate you during the probation period, the rules of engagement are very different from the standard Swiss "notice period" culture. According to federal law, the notice period during probation is just seven calendar days. This means that if you are fired on a Tuesday, your last day of employment (and salary) is the following Tuesday.
This seven-day rule applies regardless of when in the month the notice is given. Unlike the standard Notice Periods in Switzerland: 1 Month vs 3 Months Rules that typically end on the last day of a calendar month, probation notice is "to the day." This rapid turnaround can leave expats in a precarious financial position, especially if they have just paid a large deposit on an apartment or committed to expensive health insurance premiums.
The Absence of Protection Periods (Sperrfristen)
This is the area where most expats get caught off guard. In a standard Swiss employment contract, there are "blocking periods" or Sperrfristen. These laws prevent an employer from firing you if you are pregnant, recently gave birth, or are away on Sick Leave in Switzerland: Doctor’s Notes and Salary Continuation (KTG). However, during the probation period, these protections do not exist.
If you fall ill or discover you are pregnant during your second month of work, your employer can legally terminate your contract with seven days' notice. They do not have to wait for you to get healthy, and they do not have to respect the pregnancy protection laws that would normally kick in after the probation ends. This reality makes the Employment Probation Periods in Switzerland: What You Need to Know one of the most vulnerable times for a foreign resident.
Written vs. Verbal Notice
While a verbal termination is technically legal in Switzerland unless your contract stipulates a written form, almost all reputable employers will provide a written notice. This document is vital for your future. You will need it to prove to the RAV and Unemployment Benefits: How to Register and What You Get why you are no longer working. If your employer lets you go verbally, immediately send a follow-up email confirming the conversation and asking for a formal letter of termination.
| Feature | During Probation Period | After Probation Period |
|---|---|---|
| Notice Period | 7 Calendar Days | 1 to 3 Months (Usually) |
| End of Notice | Any Day | Usually Last Day of Month |
| Protection (Illness) | None | 30 to 180 Days (Scale) |
| Protection (Pregnancy) | None | Full Pregnancy + 16 Weeks |
| Reason Required? | Only if requested | Only if requested |
Impact on Residency Permits and Social Security
For an expat, losing a job is never just about the paycheck; it is about your right to stay in the country. If you are on a B Permit or an L Permit, your residency is often tied to your employment status. If you are fired during probation, your employer is required to notify the cantonal migration office.
Generally, the authorities will not deport you the next day. If you are an EU/EFTA citizen, you typically have several months to find a new role. If you are a third-country national (e.g., from the US, UK, or India), the situation is more "case-by-case." The migration office may allow you to stay for a short period to search for a new job, but the clock starts ticking the moment your seven-day notice period ends. This is why having a Financial Checklist for Your First 30 Days as an Expat in Switzerland is so important—you need an emergency fund that covers at least three months of Swiss living costs.
Eligibility for Unemployment Benefits (ALV/RAV)
To claim unemployment benefits in Switzerland, you generally need to have worked in the country (or sometimes the EU/EFTA) for at least 12 months within the last two years. If you moved to Switzerland for this specific job and are fired after two months, you may not be eligible for Swiss unemployment payments unless you can "transfer" your previous contributions from an EU country.
If you find yourself in this situation, you must register with the RAV office on the very first day of your seven-day notice period. Do not wait until your last day. The RAV will examine What Happens to Your B Permit if You Claim RAV (Unemployment)? and determine if you are eligible for the 70-80% salary replacement. Even if you aren't eligible for cash, they can provide coaching and access to job databases.
The Importance of the Reference Letter (Arbeitszeugnis)
In Switzerland, you have a legal right to a reference letter, even if you only worked for two weeks. When you are fired during probation, you should ask for an Arbeitsbestätigung (a simple confirmation of work) or a full Arbeitszeugnis. However, be careful. A full reference letter for a failed probation period often contains "coded" language that suggests you weren't a good fit.
If you suspect the relationship failed because of language barriers or cultural nuances, it is better to take the simple confirmation of employment and spend your time improving your local integration. Subscribing to GermanPod101 or FrenchPod101 can help you reach the level of fluency required to ensure your next "probation" is a success. If the letter they give you is unfairly negative, you may need to learn The Arbeitszeugnis (Reference Letter): How to Decode Swiss HR Language to challenge it.
Strategies to Protect Your Career and Pivot
If you sense that things are going south during your first 90 days, do not wait for the termination meeting. Swiss corporate culture values directness and "self-correction." Ask your manager for a "check-in" at the end of week four and week eight. If they mention concerns about your communication style or technical speed, document the steps you are taking to improve.
Sometimes, the "lack of fit" is simply a matter of language. I've seen brilliant engineers let go because they couldn't follow the rapid-fire Swiss German or French in the cafeteria, which led to them being perceived as "not a team player." Proactively mentioning that you are taking intensive courses with Lingoda to bridge this gap can sometimes buy you the patience of a frustrated manager.
When Termination is "Abusive"
While it is easy to fire someone during probation, it cannot be "abusive" (missbräuchlich). You cannot be fired specifically because of your race, religion, sexual orientation, or because you asserted a legal right (like asking to be paid for mandatory overtime). However, proving an abusive dismissal during probation is notoriously difficult and expensive in Switzerland. Unless you have clear, written evidence of discrimination, most legal experts suggest focusing your energy on finding a new role rather than fighting a 7-day notice termination in court.
Preparing for the Next Role
If you are let go, take a breath. The Swiss market is smaller than the US or UK, but it is highly interconnected. Use the seven-day notice period to update your CV and reach out to your network. Many expats find that their second job in Switzerland—often found after a "failed" first attempt—is actually the one where they stay for a decade. Treat the failed probation as a "cultural orientation" period rather than a career failure.
Ensure you have all your documents ready: your final payslip, your insurance certificates, and your termination letter. These will be essential when you sign your next contract and have to navigate the Mandatory Registration: How to Sign Up for Health Insurance Within 90 Days all over again for a new canton or employer.
Legal Disclaimer
The information provided in this article is for informational purposes only and does not constitute legal advice. Employment laws in Switzerland can vary based on specific cantonal regulations, individual contracts, and Collective Labour Agreements (GAV). While every effort has been made to ensure the accuracy of this information for 2026, you should consult with a qualified legal professional or the Swiss Employees' Association before taking action.
