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Old 10.10.2011, 16:41
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Working at 50% due to accident-employer pressure

What are the rules about someone who is working reduced time due to an accident and being pushed to return to work....

Here is the situation, a person works in a factory doing manual assembly work. She has an accident where she falls of a scooter suffering a strong concussion and some damage to the back. She has to go to the emergency room with physical injuries and amnesia and is hospitalized for three days. After 3 weeks, this person voluntarily returns to work part time even though her doctor has advised her against it. She starts at 305 and continues at 50% the last 3 months. The whole time she is visiting her doctor every 3 weeks or so for an exam. The doctor is prescribing 50% employment and therapy.

The entire accident is covered by SUVA both for her and the employer. She has in the past few weeks felt increasing pressure to return to work full time. her overtime/vacation time has slowly been decreasing, her boss has made comments like wondering aloud why her doctor has kept her out of work, and has contacted SUVA to come to work and investigate the case. I was wondering on this persons behalf what the legalities are on basically intimidating a person to return to work.
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  #2  
Old 10.10.2011, 17:52
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Re: Working at 50% due to accident-employer pressure

Does she have an HR. One of my employees had a ski accident last year and she was unable to come for more then 8 weeks. We had to get temp. staff to cover some of her duties.
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Old 10.10.2011, 17:55
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Re: Working at 50% due to accident-employer pressure

if the doctor has signed her off then she cannot go back to work, end of story, if the insurance company find out she has been working while signed off then they won't pay her salary (assuming the company has taken out cover here)

had a similar situation here recently where the guy wasn't even allowed to work from home, dr signed him off so that was that.
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Old 10.10.2011, 18:05
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Re: Working at 50% due to accident-employer pressure

If she has a doctors certificate, she can of course stay at home. However, the employer can fire her after six month regardless. So she may not want to tempt the patience of the employer too much.
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Old 10.10.2011, 18:33
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Re: Working at 50% due to accident-employer pressure

After three months, your pay will usually be reduced to 90% or 80% depending on your employer plan.

My wife was out of work for over 6 months starting 50%
after the third month. After the 3rd month, she received
90% of her salary.

A Swiss friend of mine said that you CANNOT fire someone
for being injured, and she gave an example of someone
out for almost a year.
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Old 10.10.2011, 18:43
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Re: Working at 50% due to accident-employer pressure

Your Swiss friend is wrong :-)

You can fire after 1 month, 3 months or 6 months depending on how long the person has been employed.

http://www.bsv.admin.ch/kmu/fall/009...x.html?lang=de

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A Swiss friend of mine said that you CANNOT fire someone
for being injured, and she gave an example of someone
out for almost a year.
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Old 10.10.2011, 21:22
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Re: Working at 50% due to accident-employer pressure

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Your Swiss friend is wrong :-)

You can fire after 1 month, 3 months or 6 months depending on how long the person has been employed.

http://www.bsv.admin.ch/kmu/fall/009...x.html?lang=de
christ thats terrible, I'm amazed thats the law! So if you get into an accident through no fault of your own your employer can just chuck you on the scrap heap and your left to rot. Thats appalling.
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Old 10.10.2011, 21:47
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Re: Working at 50% due to accident-employer pressure

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Your Swiss friend is wrong :-)

You can fire after 1 month, 3 months or 6 months depending on how long the person has been employed.

http://www.bsv.admin.ch/kmu/fall/009...x.html?lang=de

I guess that guy got lucky then and didn't get fired.
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Old 10.10.2011, 22:05
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Re: Working at 50% due to accident-employer pressure

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I guess that guy got lucky then and didn't get fired.
They don't HAVE to fire you. They can fire you. There is a difference.
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Old 10.10.2011, 23:16
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Re: Working at 50% due to accident-employer pressure

I was in hospital 1 week and then 2 weeks at home, then 1 or 2 weeks where I spent half the day working home office and the other half in the actual office.
Because I have so much vacation-time left, my boss now suggested I "sacrifice" some of that.
I have refused to name an actual number and I'm now waiting for his move :-/

I find it a bit silly, but it's maybe a sign that he considers me overpaid.
OTOH, while my pay is generous, I also do a lot for it (I think), as doing maintenance-work in off-hours and week-ends etc.
(I'm a unix sysadmin)
The Swiss go into the WK every year (he complained about that, too)....

I had actually suggested to do some work from home (while technically being sick, I was also bored no end) but nothing really came forward.
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