Employment Contract and Probation in Switzerland: What Should You Watch Out For?
Mandatory elements of a Swiss employment contract, probation rules, notice periods, and the most common mistakes – a factual guide for Hungarian employees.
What is a Swiss employment contract, and what are its mandatory elements?
Swiss employment law is based on the Code of Obligations (Obligationenrecht / OR, Articles 319–362). It defines what a valid employment contract must contain and what cannot be excluded by contract.
Mandatory form and content
Under Swiss law, an employment contract may be concluded orally, in writing, or by conclusive conduct— meaning that if someone starts work and receives a salary, the employment relationship exists legally even without a written document.
In practice, however, almost every employer uses a written contract, and this is strongly recommended for your own protection as well. A written contract should typically include:
Item | Note |
|---|---|
Names and details of the parties | Full name and registered office of the employer and employee |
Job title | Precisely, because this is the basis for assessing the duties |
Place of work | Within Switzerland, possibly with a home office ratio |
Start date of employment | The probationary period starts from this date |
Probationary period | If it differs from the statutory 1 month |
Gross salary (CHF/month) | 13th salary shown separately, if applicable |
Working time (weekly hours) | Statutory maximum varies by industry |
Notice periods | Separate during and after the probationary period |
Applicable collective agreement | If one exists in the relevant industry (Gesamtarbeitsvertrag / GAV) |
What the contract cannot exclude:the statutory minimum standards (e.g. maternity leave, entitlement to sick leave, minimum notice period). If the contract were to restrict these, the relevant clause would be invalid and the statutory rule would apply.
Collective agreements (GAV): industry minimum standards
In many Swiss industries, binding collective employment agreements (Gesamtarbeitsvertrag / GAV, or Convention collective de travail / CCT) are in force — for example in construction, hospitality (L-GAV), cleaning, and retail. These set minimum wages, working hours, and other conditions that an individual contract may not worsen. If such an agreement exists in your industry, the employer must comply with it, regardless of whether the contract states this separately.
How long is the probationary period in Switzerland, and what are your rights during it?
The duration
According to Article 335b of the OR:
Default statutory rule: 1 month
Can be extended by agreement: for up to 3 months
A probationary period longer than 3 months is not valid – if the contract states, for example, 6 months, the clause covering months 4–6 is void and the rules of the OR apply
If the employee falls ill or has an accident during the probationary period, the probationary period is automatically extended by the number of days missed – this is not self-evident, and many people are unaware of it.
Termination during the probationary period
During the probationary period, either party may terminate employment with 7 days' notice with effect on any day (it does not have to be at the end of a month). This is significantly shorter than the notice periods after the probationary period.
Termination does not require justification – neither from the employer nor from the employee. This is a general feature of Swiss law (the so-called at-will nature of termination), although compensation may be claimed in the event of abusive termination (missbräuchliche Kündigung).
What does this mean in practice?
If, in the first month, you feel that the job is not a good fit, the law allows you to leave quickly. At the same time, the employer can also terminate within 7 days – without giving reasons. That is why the probationary period cuts both ways: it offers flexibility, but not security.
What mistakes do Hungarians make when signing a Swiss contract?
1. They do not check the GAV
If there is a mandatory collective agreement in the industry, the minimum wage set out in it applies – not the one offered by the employer. It has happened that Hungarian employees accepted wages below the industry minimum because they were unaware of the GAV.
2. They do not have the 13th salary recorded in writing
In Switzerland, a 13th salary (13. Monatslohn) is customary in many industries, but this is not a legal obligation – it is only due if the contract or the GAV provides for it. If it was promised verbally but does not appear in the contract, it is difficult to enforce.
3. They do not pay attention to the probationary-period extension condition
If the contract sets a 3-month probationary period, but there are missed days in the first month due to illness, the probationary period is extended. Many people do not know this and are caught by surprise.
4. They sign the usual waiver of overtime
Some contracts contain a clause stating that the salary 'includes any overtime'. This is valid in certain cases, but only if the amount of overtime can be determined in advance and is proportionate to the salary. If the wording is unclear, it is worth asking for clarification.
5. They do not ask for a copy of the contract
In Switzerland, it is not uncommon for the employer to sign only their own copy and not give the employee a copy. Always ask for a signed copy for yourself.
Salary, wages and contributions: what do you need to know in the contract?
Gross and net salary
The contract always states the gross salary. The net salary is lower than this because the employer deducts the mandatory contributions:
Contribution | Abbreviation | Approx. rate (employee share) |
|---|---|---|
AHV/AVS | ~5.3% | |
Disability insurance | IV/AI | ~0.7% |
Unemployment insurance | ALV/AC | ~1.1% (reduced above CHF 110,800 annual salary) |
Second pillar (occupational pension) | BVG/LPP | individual, approx. 7–18% (depending on age and salary) |
Health insurance (Krankenkasse / KVG) is not deducted from salary – you pay it directly to the insurer, and the amount varies significantly from canton to canton.
Withholding tax (Quellensteuer) applies to those who do not hold a C permit (Niederlassungsbewilligung C) and are not Swiss citizens – so for Hungarian employees working with a B permit the employer deducts the tax directly from salary. The amount is calculated based on the cantonal tax table and depends on gross salary, marital status, and the canton.
There is no statutory minimum wage – but there are industry minimums
In Switzerland, there is no general minimum wage at federal level (except in a few cantons, e.g. Genève and Neuchâtel, where a cantonal minimum wage applies). However, industry GAVs set mandatory minimums in many sectors. Where there is no GAV, wages are freely negotiable.
Working time, overtime and rest periods: what is the legal framework?
Statutory working-time limits
Working time is regulated by the Employment Act (Arbeitsgesetz / ArG):
Industrial and office jobs: maximum 45 hours
Other jobs (e.g. retail, hospitality): maximum 50 hours
Daily rest period: at least 11 hours without interruption
Weekly rest day: at least 1 day (typically Sunday)
Overtime (Überstunden / heures supplémentaires)
Work performed beyond the contractual working hours counts as overtime. Under the OR, the employer is obliged to compensate overtime either with a supplement (at least 125%), or with time off in lieu — but only if the parties agree to this. If the contract does not regulate overtime, the statutory rule applies.
Important distinction: Überstunden (beyond contractual working hours) and Überzeit (beyond the statutory maximum) are subject to different rules. The latter must be paid out.
Termination and contract cancellation: what is the procedure?
Notice periods after the probationary period
Under OR Article 335c, unless the contract provides otherwise:
Length of employment | Notice period |
|---|---|
Before the end of the 1st year | 1 month (to the end of the month) |
2nd–9th year | 2 months (to the end of the month) |
From the 10th year | 3 months (to the end of the month) |
The contract may also set a longer notice period, but the employee’s notice period may not be longer than the employer’s.
Immediate termination (fristlose Kündigung)
In the event of a serious breach of contract, either party may terminate with immediate effect. The threshold for a “serious reason” is high — for example, a one-off delay or a disagreement is not enough. An unjustified immediate termination may give rise to a duty to pay damages.
Protected periods
The employer may not terminate the employment relationship during the following periods (OR 336c):
In the event of illness or accident: 30 days in the first year, 90 days in years 2–5, 180 days from the 6th year
Pregnancy and the 16 weeks after childbirth
During compulsory military or civilian service
If the employer nevertheless gives notice during these periods, the termination is void – not merely challengeable, but automatically invalid.
From a Hungarian perspective: what does the end of the employment relationship mean?
If your employment in Switzerland ends and you become unemployed, you may claim benefits under Swiss ALV/AC (unemployment insurance), provided you have paid contributions for at least 12 months in the previous 2 years. Re-registering for Hungarian social insurance and the financial consequences of a possible return home require separate consideration.
Useful organisations and links for Hungarian employees
In Switzerland, a number of organisations provide free or reduced-cost information on employment law:
ch.ch – the official information portal of the Swiss federal government, with content available in Hungarian and other languages
arbeit.swiss – the portal of the Federal Office for Economic Affairs (SECO), with job-search and employment-law information
Beratungsstellen für Arbeitnehmende – cantonal employee advisory offices, free of charge in many places
Gewerkschaften (trade unions) – e.g. Unia, Syna, Kaufmännischer Verband; they also provide legal assistance for a membership fee
Cantonal labour authorities (Arbeitsinspektorat) – for employment-law complaints
Hungarian-language legal or employment-law advice is available only in limited numbers in Switzerland; general legal advice usually has to be arranged in German or French, with the help of an interpreter.
When should you involve an advisor or lawyer?
This article provides general information and does not replace individual legal advice. In the following situations, it is advisable to consult an employment-law specialist:
If the employer sets terms in the contract that are less favourable than the statutory minimums, and you are not sure whether they are valid.
If you receive notice during or after the probationary period and believe it is abusive (for example, based on discriminatory grounds).
If you have a wage claim (unpaid salary, unpaid overtime) and the employer does not pay.
If you receive summary dismissal and dispute its lawfulness.
If the employer does not comply with the provisions of the GAV.
Cantonal employee advisory offices (Beratungsstellen für Arbeitnehmende) often help with the first steps free of charge. If you are a union member, legal assistance is typically included in the membership fee.
Sources
Swiss federal information portal (ch.ch): https://www.ch.ch/en/
Employee information (ch.ch): https://www.ch.ch/en/work/
Federal Office for Economic Affairs portal (arbeit.swiss): https://www.arbeit.swiss/
Swiss Code of Obligations (OR), Articles 319–362: Federal Collection of Laws (Fedlex) – fedlex.admin.ch
Employment Act (Arbeitsgesetz / ArG): Federal Collection of Laws (Fedlex) – fedlex.admin.ch
State Secretariat for Economic Affairs (SECO), GAV database: seco.admin.ch
This article is for informational purposes only and does not constitute legal advice. The details of Swiss employment law may vary by canton and industry; for individual employment-law questions, please consult a specialist.
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In Brief
A Swiss employment contract can also be concluded orally, but in practice a written contract is necessary, because it should set out the salary, job duties, working hours, probation period, and the applicable collective labour agreement (GAV). The probation period is 1 month by default and can be up to 3 months; during this time either party may terminate the employment relationship with 7 days’ notice. Anyone working in Switzerland should pay particular attention to the GAV, the written agreement on a 13th salary, overtime rules, and protected notice periods.
Key Takeaways
- Check whether your industry has a mandatory GAV, because the minimum wage and conditions set out there may override your individual contract.
- Request a written contract and make sure it records the gross salary, job duties, working hours, place of work, probation period, and notice periods.
- Make sure the 13th salary is stated separately in the contract or in the GAV, because it is not a statutory entitlement on its own.
- Check the length of the probation period: the default is 1 month, the maximum is 3 months, and in the event of illness or accident it is extended by the days missed.
- During the probation period, be aware that either party may terminate the employment relationship with 7 days’ notice, without giving reasons.
- Do not sign any clause that would restrict statutory minimum rights or mandatory rest, notice, or holiday entitlements, because such a provision may be invalid.
Frequently Asked Questions
Is a written employment contract mandatory in Switzerland?
No, under Swiss law an employment contract may also be concluded orally, in writing, or by conduct implying agreement. In practice, however, a written contract is strongly recommended, because it clearly records the working conditions and any disputed points.
How long is the probation period in Switzerland?
The default probation period is 1 month. By contract, it can be extended to a maximum of 3 months, but a probation period longer than 3 months is not valid.
How can employment be terminated during the probation period?
During the probation period, either party may terminate the employment relationship with 7 days’ notice. Termination may take effect on any day, and no reason needs to be given.
Why is it important to check the GAV?
Because in many Swiss industries a binding collective labour agreement sets minimum wages, working hours, and other conditions. If a GAV applies, the individual contract may not reduce the minimum standards guaranteed by it.
Is a 13th salary automatically due in Switzerland?
No, a 13th salary is not a statutory requirement. It is only payable if the contract or the applicable GAV expressly provides for it, so it should be recorded in writing.
What should you know about overtime in a Swiss contract?
Work beyond the contractual working hours counts as overtime, and the rules depend on the contract and the statutory framework. Überzeit, meaning work beyond the statutory maximum, is subject to different rules, and mandatory payment rules may apply.
When is an employer’s notice of termination invalid?
An employer may not give notice during protected periods, such as during illness or accident for the period defined by law, during pregnancy and for 16 weeks after childbirth, or during compulsory military or civil service. If notice is nevertheless given, it is void.
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