SHARE
COPY LINK
For members

WORKING IN SWITZERLAND

Reader question: Does my Swiss employer have a right to fire me when I’m sick?

If you miss work due to illness, you might be worried about your rights at work. This is what Switzerland’s labour law says about being dismissed while on a sick leave.

Reader question: Does my Swiss employer have a right to fire me when I'm sick?
Getting sick in Switzerland may get you fired, but not immediately. Photo by cottonbro from Pexels

Being laid up with an illness is bad enough without having to worry about being let go from your job.

Generally speaking, workers in Switzerland are well protected through labour laws and collective agreements between employers and professional associations or trade unions, which set the terms and conditions of employment.

These categories are wide-ranging, including wages, holiday time, leaves of absence, as well as worker’s and employer’s rights during illness-related absences.

So what happens if you fall ill?

If you are absent for more than three days, you must present a medical certificate mentioning your diagnosis and how many days (or weeks or months) you will be absent from work.

During this time you will continue to receive your salary for a period of time based on the duration of your employment (see below) and whether your company has a sickness benefit insurance for employees

In this case, you will continue to be paid for up to 730 days for illness that lasts over 900 days.

But while most employers in Switzerland have this insurance, some don’t. If you happen to work for the latter kind,  you will continue to get your salary but for a very limited period: three weeks in the first year of employment, with increases for every additional year, up to a maximum of four months.

This period does, however, vary depending on the canton.

Does this mean you can’t be fired while sick?

No, your job is not going to be there waiting for you until you recover — you are protected from dismissal only for a limited period of time, depending on how long you have been employed at a company.

Your boss must keep you on for:

  •        30 days in the first year of work;
  •        90 days from the second to the fifth year of work; and
  •       180 days from the sixth year of work.

The only exception to this rule is if you get sick during the trial or probation period — usually between one or three months after you start a new job.

If that’s the case, the employer has the right to terminate your contract.

What if you fall ill after receiving or giving notice — in other words, you already know you will be leaving your job at a previously determined time?

If this happens, the notice period is postponed for the duration of your sick leave, and will resume once you are able to return to work.

More information about dismissal during sick leave can be found here.

The same rules apply if you are laid up after an accident — for the purposes of your employment, illness and post-accident recovery are the same.

Other absences

Situations might come up when you have to take time off for work for reasons other than sickness. Can you be fired?

In Switzerland, employees are allowed to take paid absence due to extreme or extraordinary situations other than sickness, including accidents, military service, marriage, and death of a close relative.

You can find out more about what absences are permitted under the law, including maternity and paternity leave here:

Everything you need to know about annual leave in Switzerland

And this is a useful guide about the employment laws all people working in Switzerland should know:

Getting fired in Switzerland: The employment laws you need to know about

Please keep in mind that this is a guide only and should not take the place of qualified legal advice. 
 

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
For members

JOBS

FACT CHECK: How accurate are the ‘five reasons not to move to Switzerland’?

Under the tagline ‘money isn’t everything’, a southern German newspaper recently caused a stir by publishing ‘five reasons you shouldn’t move to Switzerland’ for work. What are the five points - and are they accurate?

FACT CHECK: How accurate are the ‘five reasons not to move to Switzerland’?

With one in four Swiss residents foreign, the country clearly has some pulling power. Most of this is based around Switzerland’s strong job market, which has high salaries in a variety of sectors. 

Switzerland boasts some of the highest salaries of anywhere in the world. 

Those in management positions or in sought after professions such as IT and medicine can earn considerable amounts, while other professions which may not be as traditionally high paid like teachers and cleaners also benefit from comparatively high wages. 

READ MORE: What is the average salary for (almost) every job in Switzerland?

However, not everything is rosy for foreigners who come to Switzerland to work. 

In mid-July, German newspaper Südkurier ran a report targeted at Germans who may want to work in Switzerland – along with those who have already done so. 

Under the title “Because money isn’t everything: Five reasons not to work in Switzerland”, the newspaper – which is headquartered just over the German border in Konstanz – lays out five reasons why moving to Switzerland for work isn’t what it’s cracked up to be. 

The article has caused a mild stir in Switzerland, with Swiss tabloid Blick pointing out that some of the claims were inaccurate

While any such list is by its very nature subjective, we’ve listed the five claims and had a go at debunking them (or at least explaining them in more depth). 

Do you agree? Let us know in the comments. 

1: Too much overtime and too few holidays

It’s important to mention that everything is coming from a German perspective, with the paper comparing things in Switzerland to those in Germany. 

While that may not make too much of a difference for some, it will for others – particularly when it comes to the question of overtime and holidays. 

Verdict: The downsides of Zurich you should be aware of before moving

In Switzerland, workers are entitled to a statutory minimum of four weeks off per year. 

While this might seem excellent compared to other countries such as the United States, it is one week fewer than their German counterparts. 

The Südkurier also complained about overtime in Switzerland, where workers are expected to work far over their usual 40-hour work weeks. 

There does seem to be some truth to this – Germans and German employers tend to push for a stronger adherence to the 40-hour week than some Swiss businesses – but this will also depend dramatically on the company. 

Under Swiss law, those who do work overtime however will be entitled to either a 25 percent loading on that time, or to bank those hours for additional leave in future, so be sure to research the specifics of overtime in your work contract. 

Health insurance is far too expensive – particularly for deductibles 

Another major gripe was the way in which Switzerland’s healthcare system operates and how much it costs. 

While the high cost of Swiss health insurance is no secret, what got the German newspaper particularly upset was the way Switzerland handles its deductibles. 

Most German health insurance plans have no deductibles, whereas in Switzerland this can be thousands of francs depending on your plan. 

The Südkurier however implied that the lowest deductible is CHF2,000, which is patently untrue.

READ MORE: How much does health insurance cost in Switzerland?

The level of a deductible will be up to each insured person. 

The minimum deductible in Switzerland is 300 Swiss francs (around €260). The maximum amount is 2,500 francs. The higher your deductible (in other words, the more you pay out of your own pocket) the lower your monthly premium is.

Childcare is also too pricey

Another sticking point was Switzerland’s high childcare costs, which made it prohibitive for families with two working parents. 

On this point, it is hard to argue. 

The high costs of childcare are a frequent complaint of many a parent in Switzerland. 

While this of course varies dramatically from canton to canton, the average cost of a day of childcare in Switzerland is CHF130. 

The average Swiss family spends a massive 41 percent of their net income on childcare, three times the OECD average of 13 percent. 

For ways to save – and a number of alternative childcare options – check out the following link. 

READ MORE: How to save money on childcare in Switzerland

…and in fact everything is just far too expensive

OK, we knew this one was coming. 

Besides chocolate, cheese and banks full of other people’s money, Switzerland is perhaps best known for being expensive. 

The country is especially pricey when it comes to food, beverages, hotels, housing, restaurants, clothing, and health insurance – or pretty much everything you need. 

Keep in mind however that while Switzerland is expensive for its residents, for people coming from abroad, high costs here are the ultimate culture shock.

If you work in Switzerland, you will earn significantly higher wages than most other countries – which somewhat offsets the cost of living. 

Also, many of the best things about Switzerland are actually free – from clean air and high levels of safety to the wonderful scenery and the amazing network of public footpaths that allow you to explore the county at a walking pace.

READ MORE: 13 things that are actually ‘cheaper’ in Switzerland

Learning Swiss German is essential but useless elsewhere 

On the final point, the Südkurier went all in on Swiss German, saying the language was necessary to navigate some parts of Swiss society but that it was completely useless elsewhere.

“It’s a language that won’t help you anywhere else in the world. You can’t use it to communicate in East Asia or South America, and it often doesn’t even help you in other parts of Switzerland” the author wrote. 

While it is true that Swiss German is unlikely to be too helpful anywhere else in the world, the topic of Swiss German versus High German is particularly controversial, especially among Germans who have moved to Switzerland. 

The Local have been told by our German readers that the Swiss will often switch to English rather than speak High German, due to a combination of not being able to and simply not wanting to. 

While where you live will be crucial on whether you should speak Swiss German or not, learning at least some basics in the local dialect is essential for anyone regardless of where you move to. 

READ MORE: 15 ways to swear like a Swiss German

Are these accurate? Or are they not? Let us know in the comments below. 

SHOW COMMENTS