22 Jan, 2024 by Marianne Favre Moreillon

Illness, medical certificate and risk of abuse

22 Jan, 2024 by Marianne Favre Moreillon

An employee's illness has a number of consequences for the employment contract, such as payment of salary without having to work and protection against termination at an inopportune juncture. However, some cases of illness can border on abuse.

Is an employee who is unable to work still protected against dismissal at an inopportune juncture? What is the probative value of a medical certificate in cases of burn-out or mobbing? Is dismissal with immediate effect in the event of a suspected criminal offence valid?

This article covers the following topics:

  • inability to work limited to one workplace or to a specific employer
  • protection against dismissal at an inopportune juncture and wrongful dismissal
  • probative value of a medical certificate attesting to mobbing
  • burn-out and holidays
  • lawfulness of dismissal at an inopportune juncture where criminal offences are suspected
  • consequences of unjustified immediate dismissal

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1 Mar, 2010 byMarianne Favre Moreillon