Swiss employment law protects employees in the event of illness. If the illness occurs during the notice period, the employment is generally extended.
If the employee falls ill during the notice period after the employer has given notice, the waiting periods pursuant to Art. 336c of the Swiss Codified Law of Contracts generally apply. The situation is different in the case of “workplace-related” incapacity to work, i.e., if the illness is limited to the specific workplace. In this case, the notice period is usually not extended, and therefore no blocking periods apply. For example, bullying, bossing, or harassment at the workplace can lead to psychological stress.
Whether the illness is work-related must be assessed on a case-by-case basis. It must also be examined whether the termination by the employer was abusive and whether the employee must object. In any case, employees should request an interim reference letter as soon as they are given notice. If the parties cannot agree, they can avoid legal proceedings if the employment is terminated by negotiation or mediation through a dissolution agreement.
If the employer terminates the employment relationship due to the employee’s illness, legal advice is important. Are you looking for a lawyer specializing in employment law? Lawbility Rechtsatelier® offers legal advice in employment law and supports employees through mediation, legal coaching, legal negotiations, and settlement negotiations.