In Spain, if you fall ill and your employer decides to let you go, they are entitled to do so. You are entitled to severance pay, but the dismissal is valid. In Switzerland, things work differently. Article 336c of the Swiss Code of Obligations establishes protection periods during which any dismissal is automatically null and void. It has no legal effect. It is as if it had never happened.
The duration of this protection depends on how long you have been with the company. During your first year of employment, it is 30 days. From the second to the fifth year, it is 90 days. From the sixth year onwards, it is 180 days. This means that if you have been with a company for four years and receive a letter of dismissal whilst on sick leave, that letter is not valid. The employer will have to issue it again once the protection period has ended, whilst complying with the relevant notice period.
This applies after the probationary period. During the first one to three months, depending on your contract, you’re not protected: they can let you go with seven days’ notice even if you’re off sick. You already know that. What’s worth bearing in mind is that, once you’ve got past that initial phase, if you receive a letter whilst you’re on sick leave, don’t assume it’s final without checking first. The legal situation may be very different from what you might think.
There is also one point that can be confusing: protection against dismissal and continued payment of wages during sick leave are two separate mechanisms with different timeframes. Being paid whilst on sick leave does not mean you are protected from dismissal, nor does the reverse apply. They are two separate matters governed by different articles of the Code of Obligations.