6 Jul, 2023 by Marianne Favre Moreillon

Dismissal and illness under Swiss law

6 Jul, 2023 by Marianne Favre Moreillon

When an employee is ill, he or she benefits from a period of leave protection and cannot, in principle, be dismissed. Here's an overview of the subtleties of leave protection.

How long is leave protection? Are employees protected during their trial period? What happens to the notice period when an employee falls ill? What happens in the event of short-term illness? Is immediate dismissal during inability to work lawful?

This article covers the following topics:

  • duration of protection against dismissal (art. 336c CO)
  • dismissal during the protection period
  • trial period
  • illness during the leave period
  • inability to work for two years
  • short-term illness immediate dismissal during illness 

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