Simple question. In Switzerland what are the implications of handing in my notice while on sick leave. I am currently off work (reduce time) and found another job.
If i give my 3 months notice, is there any implications i should be aware of ? Eg my notice period extends, they can terminate me immediately (notmgood for me, i need the 3 months to be fit for the new.job)
In Switzerland you are protected from dismissal during sick leave for a certain time (depending on how long you have been employed)[1].
30 days in the first year of work;
90 days from the 2nd to the 5th year of work; and
180 days from the 6th year of work.
So if you’ve been working there >2 years, then you are safe. Note this protection is for when you are unable to work (i.e. incapacitated and not just down with the flu).
Article 336c para. 1b of the Swiss Code of Obligations (SCO) ↩︎
But OPs question was about HIM/HER giving in notice.
AfaIk that’s no problem at all. What they could do is give him garden leave, which is not a bad thing really .
OP better be sure to be healthy in 3 months or will be on there own.
There’s no problem with OP giving notice, but his concern was that the employer would then turn around and immediately fire them (as happens often in the US).
OP should also check his contract. 3 months notice normally applies to those with more than 10 years service.
Statutory notice periods are one month in the first year of service, two months from the second to the ninth year, and three months thereafter. These periods can be altered by mutual agreement or collective bargaining agreements. No notice period is required ifor probationary period (90 days).
ah okay. Not possible here, doesn’t make much sense to fire somone who gave in notice what a thouht but let’s not discuss US practices.
An employer can not bypass paying during the notice-time but he can get OP out of the company immediately: It’s called garden leave. As mentioned before.
It happens often. People give in notice, and then the employer wants to get rid of them ASAP so fires them. In the US they can be fired immediately. Here too if you are in the probation period.
Depending on the notice period, it could be a lot shorter than the 3 months the OP wants.
Well, here that is not possible as the employee has started one process and the employer can not mix it up with a completely different one (firing). The employer can only chose from steps within the started process, which will be live with it or give garden leave.
Normally here one just works until the end, garden leave is for “Geheimnisträger” (person entrusted with confidential information) or for competition reasons.
Yes it could be shorter than OP wants, you outligned it for them further up. Unless it’s different in the contract, I had 6 months from the start in my last one.
Thanks for the replies. Yes i have a 3month notice period.
As.some.have explained. I am.not conerned to be fired while.sick, i am.concerned that if i hand in my notice while on reduced hours, that my notice period is compromised.
Basically, i am recovering from a shoulder operation due to a.sporting.accident.
I got put off a job once. But then I had to have an emergency eye operation during the resignation period The a-hole boss accused me of doing it on purpose so that my resignation would be put on hold!
So if i read the comments correctly, u are bascally saying that if u hand in your notice while on sick leave, the employer has tomtrest you like.y were a full time active employee. They cannot force u to.return to.100% or.start.to reduce yoyr.salary etc