I just lost my job due to an illness related absence. I have been off sick on my doctors advice after suffering a hernia and today I was told that my contract is being terminated I have been with the company for just under six months. Is this legal? Is there any legal service I can consult? Am I entitled to any compensation beyond unemployment benefit? Before this job I had worked for 3 years at another Swiss company which I left to take up this position.

I would appreciate any advice you could give.

Yes, it is legal. As a rule, the probationary period lasts 3 months, within which the company can terminate the contract with one week's notice (depends on the contract), after that and within the first year of employment the usual period is one month's notice.

Edit: they probably won't have stated that your illness is the reason for letting you go, but they can find 1001 other reasons. Unfortunately, there is not an awful lot you can do about it. Sorry.

without knowing how long you have been off and what your job is its impossible to say if you have be fairly treated.

eg if you have to carry heavy weights etc then fair enough you can't do that

but if you have a desk job and could work from home anyway, and you've been off for the passed 2 months, then fair enough, you took the piss.

get yourself down the RAV office and enjoy a summer off

Sorry to hear that.

Best get down to RAV immediately. as BB2 said, get ready to enjoy the Summer off.

I have a desk job but couldn't work from home, otherwise I would have done so.

A hernia doesn't stop you doing a desk job, if it was that bad why haven't you had an op??

http://www.gerichte.lu.ch/ordentliche_kuendigung.htm

Here's the link (in German). The reasons for terminating the contract are important, according to the link, but - as I said - the company can say they're "restructuring" or some such drizzle and there's not an awful lot you can do about it.

give it a rest, I lose my job and you just want to slag me off? I was off work on doctor's advice, and a hernia can indeed prevent you from working.

yes, I will try to get a decent reference from them, thanks

I'm not slagging you off at all, I've had a hernia so know exactly what you can and can't do with one, and had an op, within days I was back on my feet.

If you want proper advise you have to give the whole story, no employer is going to put up with someone having months off with a condition that is easily and quickly curable especially when they are fit enough to do the job. Just because you found a doctor to sign you off doesn't mean you're not fit for work.

If you take you employer to court then you can bet your arse the full facts will come out, then you could be unemployed and have some huge legal bills to boot.

but whatever

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What was the reason given for terminating your contract?

I'll get that in the post next week. I was just informed today by phone

Did you have a valid doctor's note that was given to your employer?

They cannot fire you while you are sick( Krankgeschrieben ). When you get back, that is a different story.

If you had a valid doctor's note, they must adhere to the notice
period in your contract or the statutory notice period.

Depends where the hernia is.

I had a hernia in my neck - aka slipped disk - and was off work for four months. I had an inguinal hernia and worked until the day before surgery, and went back to work six days later.

Were you on a permanent or a fixed term contract?

It's illegal to terminate a contract, when the employee is sick resp. can provide a doctor's certificate.

Get a lawyer specialized in Arbeitsrecht.

The lawyer association of Zurich has a search function on their website. http://www.zav.ch/home/index.html?newLangID=en

But you will need one of your own canton.

Personally I can recommend: http://www.fnp-law.ch/

Good luck and enjoy the summer

there are many different types of hernias. I didn't have an operation because my doctor (and hospital surgeon and the company's doctor) advised first waiting and seeing if medication alone will cure the hernia, which it almost has.
I don't intend to take the company to court, was just just looking for clarification of my position.

thanks, I had the hernia in my cervical spine

I was on a permanent contract

if the company dr gave you that advise then its a whole different ball game, what does your contract say about termination? they have to stick with that.