What do you need to know about Swiss employment contracts and probationary periods?
Types of Swiss employment contracts, probationary period rules, notice periods, gross-to-net differences, and GAV collective agreements — explained clearly for Hungarians, based on 2025–2026 data.
Quick Answer
Swiss employment contracts are governed by the Code of Obligations (Obligationenrecht / OR, Articles 319–362) and differ significantly from Hungarian labour law in several key respects. The probationary period defaults to one month but can be extended in writing to a maximum of three months — during which either party may terminate with just seven days' notice. Notice periods increase with the length of employment, and in many sectors a collective bargaining agreement (Gesamtarbeitsvertrag / GAV) takes precedence over the individual contract. Before you sign, it's worth understanding every line — Swiss labour law leaves a great deal to the parties' discretion, so anything left unwritten can easily become a source of dispute.
What types of employment contracts exist in Switzerland?
In Switzerland, you will typically encounter three basic types of employment contract:
Open-ended contract (unbefristeter Arbeitsvertrag): This is the most common type. It has no expiry date and the employment relationship continues until notice is given. Most office, industrial, and service-sector positions operate under this form.
Fixed-term contract (befristeter Arbeitsvertrag): This has a specific end date. It terminates automatically upon expiry — no notice is required. Important: if the employer continues to employ you in practice after the expiry date, the contract converts to an open-ended one under Article 334 of the OR.
On-call / framework contract (Abrufarbeit): No guaranteed working hours are provided; the employer calls the employee in as needed. This arrangement may seem unusual from a Hungarian perspective — it is particularly common in hospitality, logistics, and seasonal work. Note: under Article 319(2) of the OR, if someone works regularly under such an arrangement, courts may classify it as a standard employment relationship even if the contract states otherwise.
Hungarian–Swiss difference: In Hungary, the Labour Code (Mt.) sets out in detail what an employment contract must contain. In Switzerland, the OR prescribes far fewer mandatory elements — the parties are free to agree on almost everything. This offers flexibility, but it also means that anything left out of the contract can easily be interpreted in the employer's favour.
What should you watch out for before signing an employment contract?
Mandatory and recommended elements
Under the OR, an employment contract is valid even if made verbally — but that does not mean you should rely on a verbal agreement. Always insist on a written contract.