Dismissed while sick? The dismissal may be void.

The protection period protects you

After the probation period, the employer may not dismiss you while you are wholly or partly unable to work due to illness or accident (Art. 336c CO). The protection period lasts 30 days in the first year of service, 90 days from the second up to and including the fifth year of service, and 180 days from the sixth year of service.

A dismissal given during the protection period is void. It has no effect and must be given again after the protection period has ended. What matters is that the incapacity for work existed at the time the notice was received and can be proven, usually with a medical certificate.

Fell ill after the dismissal?

If you fall ill only during a notice period that is already running, the dismissal remains valid. However, the notice period is suspended and resumes only after the protection period ends. If an end date such as the end of the month applies, the employment relationship is extended until the next end date. This often means one or more months of additional salary.

Dismissed because of sickness absences?

Once the protection period has ended, dismissal is permissible again, even if you are still ill. However, it may be unfair, for example if the illness was caused by the work or the employer breached its duty of care. In that case compensation of up to six months' salary is possible. Prerequisite: you lodge a written objection before the notice period expires (Art. 336b CO).