Illness following dismissal and its consequences under Swiss law
21 May, 2024 by
Following dismissal, an employee calls in sick, or even produces a retroactive medical certificate. In the event of illness, employees are protected against termination at an inopportune juncture. Certain illness situations can lead to abuse.
The employee is protected against dismissal in case of illness and this for a certain period of time. An employee who goes to his doctor immediately after his termination may be committing an abuse of the law.
This article develops the following topics:
- freedom of termination
- protection contre les congés en temps inopportun
- incapacity to work following dismissal
- recourse to a medical consultant in case of doubt as to the validity of the medical certificate
- short-term incapacity to work
- employee unaware of illness at time of termination
- retroactive medical certificate
- inability to work limited to the job
- medical certificate based on the employee's subjective complaints