If I'm made redundant, what should I do?

If I'm made redundant, what should I do?

"I'm very worried that my new employer will decide to sack me and it makes me sick just thinking about it, as I have a family to support. How can I protect myself?"

S.

Under Swiss law, an employer is free to terminate an employee's contract for reasons of personal convenience, just as an employee is free to change companies at will, for example if he or she finds another position that suits him or her better. On the other hand, the law prohibits so-called "unfair" dismissal if it is motivated by a reason inherent in the personality of the other party and unrelated to the employment relationship. It is also illegal to dismiss an employee who is exercising contractual rights (such as salary or holiday entitlement), serving in the armed forces or carrying out trade union activities. Apart from these cases, you cannot ensure that you keep your job other than by satisfying your employer, and worrying yourself sick is probably not the best way of doing that!

However, you should be aware that under Article 324a of the Code of Obligations, an employee who falls ill is entitled to his or her salary if the contract was concluded for more than three months, for example for an indefinite period; in addition, in principle, the employment relationship must have started at least three months previously. The length of the salary entitlement varies according to seniority, on a scale ranging from three weeks in the first year of service to 10 months after the employee has been with the company for 40 years. However, most employers take out loss-of-earnings insurance covering 80% of salary for 720 days.

It should be noted that, after the probationary period, an employee on sick leave is protected against any leave for 30 days during the first year of service, 90 days from the second to the fifth year of service and 180 days thereafter. Furthermore, if an employee is dismissed and falls ill during the notice period, the period of leave is suspended during the period of illness, thereby postponing the effects of the dismissal. As the employment relationship can only end at the end of a month, the notice period will thus be extended until the next useful end of month, in application of Article 336c paragraph 3 of the Swiss Code of Obligations. In the event of a long-term illness - duly certified by a doctor - lasting beyond the above-mentioned protection period, and where loss of earnings insurance is in place, the employment contract may be terminated but the salary will continue to be paid by the insurer, which will take direct responsibility for the case.