Dates aligment on sicknotes

Hi all,

the company I work for has already had rounds of layoffs, however I survived those as my manager is keen to push me out (trying to invent performance issues) to avoid the severance package (very small) and also knock down my reputation as it would be easier to justify my dismissal. If this sounds a bit unbelievable, he has done this to a long list of people already, so it is not exactly a secret. This of course turned into mobbing and completely destroyed my mental health, sleep, confidence etc. For the sake of brevety, I will not go into medical details, but doctors so far quickly understand.

Question

I already have sick note until certain date, however my next doctor's appointment is in the evening next day.

Am I completely burnout and have lost my mind or does that 1 day gap already opens the possibility for the company to send me an email that I am now fired?

PS you cannot get fired while ill (within certain periods)

Thanks everyone, it took some caurage to start even talking about this topic.

Congratulations for reaching out to ask for help. You are fully on the road to recovery now.

I think they probably could terminate your contract as soon as you return to work as your protected period expires when no longer signed off sick. Maybe contact the doctor to explain and ask if the appointment can be brought forward a few days?

How long have you worked for your employer? From https://www.ch.ch/en/work/family-and…n-and-contacts the protected period is max 180 days if you worked there +6 years…so this strategy of getting signed off sick is always going to be a temporary stopgap anyway.

If you have legal insurance it’s worth checking there for advice from an employment law expert. If not, contact your local employment office etc?

You can also review the guidance here (German only but easily translatable) - in particular this bit looks relevant to your situation -
https://www.seco.admin.ch/seco/de/ho…uendigung.html - for example:

Can termination be given without reason?
An important principle of Swiss labor law is freedom of termination. It is the free will of the employer and the employee to enter into and end an employment relationship. However, there is an important limit to freedom of termination: termination may not be based on abusive motives .

The law lists the most important abuses in Article 336 OR:


In addition to these legal abuses, court practice has classified other offenses as abusive:

A notice of change intended to cause an unfair deterioration for the contractual partner for which there are neither operational nor market-related reasons.

The dismissal of an employee due to a loss of performance due to bullying and the employer did nothing to stop the bullying.

If there is unfair termination, the terminating party must pay the other party compensation amounting to up to six months’ wages . In the event of a violation of the obligation to consult in the event of mass layoffs, compensation is limited to two months’ wages per employee (Art. 336a OR).

There are two procedural rules to note : Anyone who wants to claim compensation must lodge a written objection with the employer before the notice period expires. And he must file the lawsuit with the court within a maximum of 180 days of the end of the employment relationship (Art. 336b OR).

I'd say so, yes. You definitely want to avoid that - reschedule...

Thanks for the great message, that helped.

At a first glance it looks like I need to watchout with timing:

"The employer must therefore terminate the employment relationship again when the employee returns to work or after the blocking period has expired in order to be able to legally terminate it."

Otherwise, re: court, I can speak to a lawyer but I do not think it will be easy to prove, as mentioned, this is not the manager's first rodeo, so has avoided the obvious enforcable actions, which can prove something.

I thought so as well. Thanks

I am already wondering if it is possible the manager has gotten in touch with the doctor. Seems too strange to schedule 1 day after the note expires.

Bypass your Boss and go to your Boss’s boss. Explain your concerns with your Boss’s behaviour. Be absolutely prepared to respond to the question “What do you want?”

It is obvious that your future at this company is non-existent, you now need to negotiate the best deal for you to take as you go out the door.