Can You Be Fired While Sick in Switzerland? (2026 Rules)

Switzerland has one of Europe's most protective frameworks for employees who fall ill, become pregnant, or are called for military service. Article 336c of the Swiss Code of Obligations (CO) defines specific "protected periods" during which an employer cannot validly terminate the contract. This guide breaks down the rules, the practical consequences, and what to do if you have been dismissed during such a period.

Protection Against Dismissal at Inopportune Times (art. 336c CO)

A dismissal notice given during a protected period is void (art. 336c para. 2 CO). It produces no legal effect, even if you accepted it in writing or stopped going to work. The employment contract continues as if no notice had ever been issued.

Illness and Accident (let. b)

The protection lasts longer the longer you have been with the company:

1. 30 days during the 1st year of service
2. 90 days from the 2nd to the 5th year
3. 180 days from the 6th year onwards

The protection is calculated per illness or accident episode. If you fall sick from the flu, recover, then later have a back injury, each event opens a new protection period (Federal Supreme Court ruling ATF 120 II 124). Conversely, a relapse of the same illness within a few days does not restart the count.

Worked example: Maria, employed for 4 years, falls ill on March 1st and is incapable of working until April 25th (56 days). She gets 90 days of protection. If her employer issues a notice on March 15th, that notice is void. The employer must wait until the protection period ends (or another period of fitness for work) and re-issue the notice.

Pregnancy and Post-Partum (let. c)

Pregnancy protection is absolute: it covers the entire duration of pregnancy and the 16 weeks after delivery (art. 336c para. 1 let. c CO). Unlike illness protection, there is no reduced version for short-tenure employees, and no probation exception. The employer cannot dismiss a pregnant employee even during the trial period.

The protection applies from the first day of pregnancy, even if the employer was not yet informed. As long as the employee can prove (medical certificate) that she was already pregnant when the notice was given, the dismissal is void.

Military, Civil and Civil Protection Service (let. a)

Protection covers the entire duration of mandatory service. If service lasts more than 11 days, protection extends to four weeks before and four weeks after the service period.

Practical Effects of the Protection

Nullity

A notice during a protected period has no legal effect at all. You don't need to go to court to "cancel" it: it simply never produced effects. You stay employed, and the employer must issue a new, valid notice once the protected period ends.

In practice, employers who know the rules sometimes still send a void notice "just in case". Don't accept it as valid. Send a written reply (registered mail) stating that the notice is null under art. 336c CO and that you remain available to work.

Suspension of an Already-Running Notice

If the employer issued a valid notice before you fell ill, but you become incapable of working before the notice period ends, the notice period is suspended until you recover (art. 336c para. 3 CO). It resumes once protection ends, and the contract terminates at the end of the month that follows resumption.

Worked example: Notice issued on January 15 with a 2-month notice period (so termination would be on March 31). Employee falls ill on February 10 and is incapacitated for 30 days. The notice period freezes on Feb 10, resumes on March 12 with the remaining time. The contract ends not on March 31 but at the end of the month after the resumed period elapses.

Only Employer-Initiated Notices

Art. 336c CO only restricts employer-initiated dismissals. As an employee, you remain free to resign at any moment, including during illness, pregnancy or holidays. Be aware though that resigning while ill may forfeit certain insurance benefits.

Holidays

The wording of art. 336c CO does not explicitly list holidays as a protected period. However, established Federal Supreme Court case law (ATF 134 III 354) holds that the notice period does not run during pre-arranged annual leave. The dismissal itself remains valid, but the notice period is extended to compensate for missed working days.

Additional Protection Under the Gender Equality Act (GEA)

Art. 10 GEA adds a layer of protection against gender-discriminatory dismissals. If you can show your dismissal was motivated by gender, pregnancy, sex, marital status, family responsibilities or sexual orientation, you can ask the court to void the notice (not just claim damages). You must act during the notice period itself.

What to Do If You Receive a Notice During a Protected Period

1. Don't sign anything. Do not accept any document presented as a settlement or termination agreement.
2. Send a written reply within 5 working days. Use registered mail (lettre recommandée / Einschreiben). State that the notice is void under art. 336c CO, that you contest it, and that you remain available to perform your work as soon as you are fit again. Keep a copy.
3. Get a medical certificate. Make sure your incapacity is documented from day one with a written certificate. The employer can demand new certificates regularly (typically every two weeks for long absences).
4. Continue declaring sick days. Send certificates as required. The protection is conditional on actual incapacity.
5. Keep written proof of the dismissal. Email, letter, even SMS. You may need it later.
6. Consult the cantonal conciliation office (Tribunal des prud'hommes / Arbeitsgericht). Conciliation is free and mandatory before going to court. You have 180 days from the dismissal to file in most cantons.

What If the Notice Was Already Effective Before Illness?

Different rules apply: the notice itself stays valid, but its expiry is postponed by the duration of your incapacity (capped within the same protection limits: 30/90/180 days depending on tenure). The employer cannot simply pretend the contract ended on the original date. You must be paid until the postponed end date.

Damages for Wrongful Dismissal (Distinct From Void Dismissal)

If your dismissal is "wrongful" but not void (e.g. retaliation, abusive grounds covered by art. 336 CO rather than 336c), you cannot keep your job, but you can claim damages of up to 6 months of salary (art. 336a CO). To preserve this right:

1. Send a written objection within the notice period
2. File the action in court within 180 days after the contract ends

These are strict deadlines: missing them generally means losing the right.

Common Employer Mistakes

1. Issuing a notice the day the employee returns to work after illness (often illegal because the protection period may not be fully exhausted)
2. Considering pregnancy protection inapplicable during probation (false: it always applies)
3. Counting the 90- or 180-day protection as a single calendar year window (false: it resets per episode)
4. Not informing the employee that the notice has been postponed: silence does not extend a contract automatically; written notice is required

Insurance Continuity

If your contract is terminated despite illness, check your daily allowance insurance (assurance perte de gain / Krankentaggeldversicherung). Many collective insurances allow the employee to convert to an individual policy within 90 days of contract end. Without this conversion, you may lose income protection on day one of unemployment.

When to Consult an Attorney

Consult immediately if:

1. You received a notice during what you believe is a protected period
2. Your employer is pressuring you to sign a "mutual agreement"
3. You suspect the dismissal is connected to pregnancy, illness, harassment or discrimination
4. The notice would deprive you of a near-future bonus, pension vesting, or severance

Many cantonal bar associations offer free first consultations for labor matters, and union members usually have access to free legal advice. The conciliation procedure itself is free of charge.