Go Back   English Forum Switzerland > Help & tips > Employment
Reply
 
Thread Tools Display Modes
  #1  
Old 23.02.2015, 21:42
Newbie
 
Join Date: Feb 2015
Location: Geneva
Posts: 1
Groaned at 1 Time in 1 Post
Thanked 0 Times in 0 Posts
Paramanch36 has no particular reputation at present
Swiss employment laws

Hi, new here... looking for advice


in 2011 my swiss wife was on her way to work when a car ran into the back of her moped... since then she has been in and out of sick certified with depression, today her employer called us in to say they were terminating her contract as she has been out sick for a long periods and they are no longer suporting her.. she is currently signed off by doctor


In swiss Law can a company sack you like this when your still under a doctor..
Reply With Quote
This user groans at Paramanch36 for this post:
  #2  
Old 23.02.2015, 22:20
Forum Legend
 
Join Date: May 2010
Location: north
Posts: 6,134
Groaned at 226 Times in 146 Posts
Thanked 5,094 Times in 2,632 Posts
rob1 has a reputation beyond reputerob1 has a reputation beyond reputerob1 has a reputation beyond reputerob1 has a reputation beyond reputerob1 has a reputation beyond reputerob1 has a reputation beyond repute
Re: Swiss employment laws

They can give notice period but each time the person is sick the notice period is extended. I know someone that had a friendly doctor snd was "sick" for a year. Hint hint
Reply With Quote
  #3  
Old 23.02.2015, 22:24
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Misery-Courtion
Posts: 13,552
Groaned at 171 Times in 135 Posts
Thanked 9,676 Times in 5,522 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: Swiss employment laws

Plenty of threads on the subject. Have a read.

http://www.englishforum.ch/search.php?searchid=14060584
Reply With Quote
  #4  
Old 23.02.2015, 22:47
Forum Legend
 
Join Date: Mar 2009
Location: Zurich
Posts: 9,193
Groaned at 529 Times in 401 Posts
Thanked 11,950 Times in 4,679 Posts
Richdog has a reputation beyond reputeRichdog has a reputation beyond reputeRichdog has a reputation beyond reputeRichdog has a reputation beyond reputeRichdog has a reputation beyond reputeRichdog has a reputation beyond repute
Re: Swiss employment laws

Quote:
View Post
Hi, new here... looking for advice

in 2011 my swiss wife was on her way to work when a car ran into the back of her moped... since then she has been in and out of sick certified with depression, today her employer called us in to say they were terminating her contract as she has been out sick for a long periods and they are no longer suporting her.. she is currently signed off by doctor

In swiss Law can a company sack you like this when your still under a doctor..
What were her injuries from the moped? What was the root cause of the depression that followed it?

From your post, she has now been sick on and off for 4 years... speaking from a coldly analytical perspective don't you think that this may perhaps be a reasonable time for a company to support an employee before starting to question the long-term value of doing so? Maybe your wife can try and fight this, but will it make her any happier working for a company who no longer want her as an employee?

Last edited by Richdog; 23.02.2015 at 23:00.
Reply With Quote
The following 3 users would like to thank Richdog for this useful post:
  #5  
Old 24.02.2015, 11:14
Samaire13's Avatar
Forum Veteran
 
Join Date: Apr 2014
Location: CH
Posts: 2,358
Groaned at 59 Times in 46 Posts
Thanked 3,505 Times in 1,372 Posts
Samaire13 has a reputation beyond reputeSamaire13 has a reputation beyond reputeSamaire13 has a reputation beyond reputeSamaire13 has a reputation beyond reputeSamaire13 has a reputation beyond reputeSamaire13 has a reputation beyond repute
Re: Swiss employment laws

Quote:
View Post
They can give notice period but each time the person is sick the notice period is extended. I know someone that had a friendly doctor snd was "sick" for a year. Hint hint
No, this is not correct.

There is a certain "protection period" in case of sickness-related absence, but it does not last forever.

In the first year of employment, the protection is 30 days, between the 2nd and 5th, it is 90 days and as of the 6th, it is 180 days. Companies may choose to extend these periods, but these are the legal minimums. If she's been employed for e.g. 3 years in the same company and been absent due to sickness/accident for 100 days, she's no longer protected and the termination is perfectly valid.

Given she's been on/off sick for close to 4 YEARS, as a result of the same (!) sickness/accident, it's a wonder they waited this long to react.

Note that the continuation of payment is a different issue and needs to be looked at separately, though my guess is that too will be over soon.
Reply With Quote
The following 5 users would like to thank Samaire13 for this useful post:
  #6  
Old 24.02.2015, 11:35
alemap's Avatar
Member
 
Join Date: Jul 2008
Location: Erlenbach, Zurich
Posts: 177
Groaned at 0 Times in 0 Posts
Thanked 160 Times in 75 Posts
alemap has earned some respectalemap has earned some respect
Re: Swiss employment laws

it is my understanding that the protection period means that you cannot be fired while off sick (in a continuous period), until the stipulated period has expired, as oppose to being about total time off sick, which may be how people read the above post.
Reply With Quote
  #7  
Old 24.02.2015, 11:57
Samaire13's Avatar
Forum Veteran
 
Join Date: Apr 2014
Location: CH
Posts: 2,358
Groaned at 59 Times in 46 Posts
Thanked 3,505 Times in 1,372 Posts
Samaire13 has a reputation beyond reputeSamaire13 has a reputation beyond reputeSamaire13 has a reputation beyond reputeSamaire13 has a reputation beyond reputeSamaire13 has a reputation beyond reputeSamaire13 has a reputation beyond repute
Re: Swiss employment laws

Quote:
View Post
it is my understanding that the protection period means that you cannot be fired while off sick (in a continuous period), until the stipulated period has expired, as oppose to being about total time off sick, which may be how people read the above post.
No. It does not need to be continuous. If the absences are due to the SAME illness - which is clearly the case - the days of absence are added up. If I suffer from depression and am in and out of the office over the course of 2 years, though never longer than 3, 4 weeks at a time, I obviously won't be protected against termination anymore as of some point. If this were the case, many people would be protected pretty much indefinitely.

There was a thread here recently of someone trying to find a loophole out of a termination by claiming that their burn-out led to a depression and that these are two different illnesses and the absences unrelated, hence the protection period should start anew. This is obviously not possible - clearly, burnout and depression are very closely related, so no one will say they are unrelated and have to be treated as separate illnesses and hence separate absences.

In the case here, it's clearly all a consequence of the same accident. It's safe to assume that the protection period has LONG expired, even if OP's wife has not been out of the office for months at the same time, but only a few weeks here and there.
Reply With Quote
The following 5 users would like to thank Samaire13 for this useful post:
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Unusual Swiss Laws higgybaby Jokes/funnies 40 18.11.2015 10:53
Married in india, want permanant swiss citizenship by re-marrying in Swiss laws vishal jain Permits/visas/government 9 12.03.2012 13:45
Swiss Cyber Bullying laws Upthehatters2008 TV/internet/telephone 22 06.06.2011 19:02
Looking for New employment laws to bring workers to Switzerland Douglas M.Bleisch Employment 0 24.03.2008 14:25


All times are GMT +2. The time now is 16:45.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2016, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0