The short answer
After the probationary period, Swiss law protects an employee who is unable to work through no fault of their own because of illness or an accident for a limited period: notice given by the employer during this period is invalid. If the incapacity arises after notice has already been given, the notice period is generally suspended. This protection guarantees neither salary nor insurance benefits, and it does not apply to resignation.
Questions to ask
- Has the probationary period ended?
- Is the employee unable to work, and is that incapacity through no fault of their own?
- Is notice being considered during the incapacity, or did the incapacity arise after notice had already been given?
- Does the individual employment contract or a collective employment agreement provide more favourable rules?
- What are the implications for sickness daily allowance insurance and accident insurance (UVG/LAA)?
Important distinctions
Notice given during the protected period and incapacity arising after notice has been given: these two situations do not have the same effects. In the first case, the notice is invalid; in the second, the notice period is generally suspended and then resumes.
Protection against dismissal does not guarantee salary. Entitlement to salary and insurance benefits is governed by other rules: the employment contract, collective employment agreement and insurance contracts. An insurance benefit may continue after employment ends, or cease, depending on the terms.
Finally, this protection concerns notice given by the employer: an employee who resigns does not benefit from it.
Why have the case examined
The consequences of an error can be serious for both the business and the person concerned. We help you clarify the insurance aspects, including informing the employee about any option to transfer to individual insurance; employment law matters fall within the remit of a lawyer or qualified specialist.