Termination During Illness in Switzerland – Blocking Period under Art. 336c CO
Jurilo by Lawise.ai
In Switzerland, termination during illness is not always permitted. In certain cases, a statutory blocking period (Sperrfrist) applies under Art. 336c of the Swiss Code of Obligations (CO), protecting employees from dismissal while they are ill.
The blocking period is a core element of employee protection in cases of illness under Swiss employment law.
What Is the Blocking Period During Illness?
The blocking period is a legally defined period during which an employer is not allowed to terminate an employee who is unable to work due to illness.
Purpose:
To protect employees from dismissal during a phase in which they are particularly vulnerable from a health and financial perspective.
Duration of the Blocking Period
The duration of the blocking period due to illness depends on the length of the employment relationship, in accordance with Art. 336c para. 1 lit. b CO:
- 1st year of service: 30 days
- 2nd to 5th year of service: 90 days
- From the 6th year of service onward: 180 days
What If Termination Occurs Before the Illness?
If the termination is issued before the illness begins, it remains valid. In this case, the illness does not trigger a blocking period.
Legal consequence:
- The notice period continues to run normally, even if the employee becomes ill during that time.
- The termination is not extended, and the employment relationship ends on the originally scheduled date.
➡️ Art. 336c CO only protects against terminations issued during the illness, not against those issued beforehand.
Special Cases When Termination Occurs During Illness
Part-Time Employees
Part-time employees are also protected by the blocking period under Art. 336c CO, regardless of workload percentage. The decisive factor is an open-ended employment contract after completion of the probation period.
Repeated Illness
In the case of multiple periods of illness within the same year:
- The blocking period restarts for each new illness, provided there was a full recovery in between.
- In the case of continuous illness or relapse without full recovery, no new blocking period is triggered.
Mental Illness
Mental illnesses (e.g. burnout, depression) are legally considered illnesses within the meaning of Art. 336c CO, provided they are medically certified.
➡️ Full dismissal protection applies, including for psychological conditions.
Employer Perspective: What HR Must Consider When Terminating During Illness
1. Check for a Blocking Period (Art. 336c CO)
Before issuing any termination, HR must verify whether a blocking period applies due to illness, accident, pregnancy, or military service.
➡️ A termination issued during a blocking period is null and void (legally ineffective).
2. Timing of the Termination Is Critical
If the termination was issued before the onset of illness, it remains valid.
➡️ HR should document the receipt of the termination (e.g. registered mail).
3. Medical Certificate Requirement
A medical certificate confirming incapacity for work is required to trigger the blocking period.
➡️ HR may request a doctor’s certificate and, in case of doubt, involve a company-appointed medical advisor.
4. Notice Period Is Interrupted by Illness
If an employee becomes ill during the notice period, the notice period is suspended and continues after the blocking period ends.
Conditions:
- The termination was validly issued.
- The illness begins during the running notice period.
➡️ HR must correctly recalculate the new termination date.
5. Documentation and Communication
All steps (termination, sick leave, deadlines) should be documented in writing.
➡️ Clear communication with the employee is essential to avoid misunderstandings and legal disputes.
6. Special Caution in Cases of Mental Illness
Dismissal protection applies equally to mental illnesses.
➡️ HR should proceed with particular care and consider seeking legal advice.
7. Avoid Abusive Termination (Art. 336 CO)
Even outside a blocking period, a termination may still be abusive — for example, if it is issued solely because of the illness.
➡️ HR should be able to justify the termination objectively.
Conclusion
When terminating employment during illness, HR must act with particular care — carefully checking blocking periods, documenting decisions, and communicating clearly — in order to minimize legal risks.
👉 Jurilo checks blocking periods in compliance with Swiss employment law.
Based on verified Swiss case law.
FAQ – Termination During Illness
Can an employee be terminated during illness in Switzerland?
No. During illness, a statutory blocking period applies, during which the employer is not allowed to terminate the employment (Art. 336c CO).
What is the blocking period during illness under Swiss employment law?
It is the legally defined period during which termination by the employer is prohibited — 30, 90, or 180 days depending on years of service (Art. 336c CO).
When does the blocking period start?
The blocking period starts on the first day of incapacity for work, provided the probation period has ended (Art. 336c CO).
How long does the blocking period last depending on years of service?
- 1st year: 30 days
- 2nd–5th year: 90 days
- From 6th year onward: 180 days
(Art. 336c CO)
Does the blocking period apply during probation?
No. During the probation period, no blocking period applies — termination is possible at any time (Art. 336c CO applies only after probation).
Does illness automatically extend the notice period?
Yes. If illness occurs during the notice period, the notice period is interrupted and resumes after the blocking period ends (Art. 336c CO).
What happens if termination is issued before the illness begins?
The termination remains valid. Illness does not trigger a blocking period if it starts after the termination has been received.
Does the blocking period apply to repeated or long-term illness?
Yes. The blocking period also applies in cases of repeated or long-term illness — but only once per year of service and up to the statutory maximum (30/90/180 days).
Can an employer terminate during illness for serious cause?
Yes. In the case of serious cause, the employer may terminate employment with immediate effect even during illness (Art. 337 CO).
Does the blocking period apply to part-time employees?
Yes. Part-time employees are also protected, provided the employment is open-ended and the probation period has ended (Art. 336c CO).
What are the consequences of termination during a blocking period?
A termination issued during the blocking period is null and void — it has no legal effect, and the employment relationship continues unchanged (Art. 336c CO).
