Blocking periods on termination in Switzerland: protection in illness, accident and pregnancy under Art. 336c CO

Losing your job is among the most far-reaching events in working life. It becomes harder still, and more of a threat to an employee's livelihood, when a dismissal falls into an already difficult phase of life — during a serious illness, after an unfortunate accident, during pregnancy or during military service. Swiss employment law takes account of this need for protection and provides strict mechanisms in the Code of Obligations to safeguard employees in such situations.

The central instrument for protecting employees is the regime of blocking periods on termination under Article 336c of the Swiss Code of Obligations (CO). Anyone in Switzerland affected by a dismissal, or seeking legal certainty as an employer, has to know the exact requirements, exceptions and serious legal consequences of a termination given at the wrong time.

This comprehensive expert guide sets out in detail when employers may not exercise their right to terminate, what periods apply in cases of illness, accident and pregnancy, what happens when a termination arrives before or during incapacity for work, and how to manage your processes on sound legal footing with modern services.

1. The legal basis: what is a blocking period (prohibition on termination)?

A blocking period — also known in legal language as a prohibition on termination — is a period defined by law during which the employer may not validly terminate the employment relationship.

The purpose of the law: the legislator wants to prevent employees who are weakened or distracted by unforeseeable circumstances such as health crises, family events (pregnancy) or civic duties (military service) from losing their job on top of everything else.
The absolute effect: if the employer declares a termination during a running blocking period, that termination is void from the outset (Art. 336c para. 2 CO). It has no legal effect whatsoever. It is as if the letter had never been sent.

2. The protected groups and periods (Art. 336c para. 1 CO)

The law clearly distinguishes between different life situations in which protection against termination applies:

A. Military, civil protection and civilian service (lit. a)

The protection: while the employee is performing compulsory Swiss military service, civilian service or civil protection service — for the duration of the service as well as the four weeks before and after it, provided the service lasted more than eleven days — no termination may be given.

B. Illness and accident (lit. b)

In practice this is by far the most common area of application and the most prone to dispute:

In the 1st year of service: during full or partial incapacity for work due to illness or accident, termination is blocked for a maximum of 30 days.
From the 2nd to the 5th year of service: the blocking period extends to a maximum of 90 days.
From the 6th year of service: the blocking period is a maximum of 180 days.
Worth knowing: these are maxima per year of service and per illness or accident event. If several independent health problems occur in the same year, the blocking periods run within the statutory ceilings.

C. Pregnancy and maternity (lit. c)

The protection: for the entire duration of a pregnancy and for the 16 weeks following the birth, the employee enjoys absolute protection against termination.
A particular point on miscarriage: if a miscarriage occurs after the 12th week of pregnancy, a short protective period likewise applies.

D. Aid operations abroad ordered by the authorities (lit. d)

The protection: taking part in an aid operation abroad ordered by the federal authorities is likewise covered by the prohibition on termination.

3. The critical difference: termination before the illness versus during the illness

An extremely common error in employment law concerns the chronology between the termination being given and incapacity for work beginning. Here the exact date decides whether it is effective.

Scenario A: the termination arrives before the illness begins

The legal position: if the employee duly receives the termination letter in their letterbox and only becomes seriously ill or has an accident the day after receipt (or during a notice period that is already running), that does not immediately interrupt or stop the notice period.
Extension of the period (Art. 336c para. 3 CO): if incapacity for work arises during a notice period that is already running, the notice period is automatically extended by the number of days of illness (within the blocking period).
Example: the notice period is 3 months and expires on 30 September. In mid-August the employee falls seriously ill and is unfit for work for 20 days. The notice period is therefore extended by those 20 days, so that the employment relationship only ends in October.

Scenario B: the termination arrives during an illness that is already under way

The legal position: if the employee is already signed off sick at the time the termination is received (and probation is over), the blocking period applies immediately.
Nullity: the termination is void. The employer has to give the termination again after the employee has fully recovered for it to be legally valid.

4. Exceptions to the blocking period: when termination is possible despite illness

No rule without an exception. Swiss law provides for a few but significant constellations in which protection against termination is set aside:

During the probation period (Art. 335b CO): during the statutory or contractual probation period (at most the first three months), no protection against termination applies for illness, accident or pregnancy. The employer (and the employee) can terminate at any time during this period subject to the 7-day period, even if the other party is in hospital (unless the dismissal is abusive, which is hard to prove in the individual case).
Summary dismissal (Art. 337 CO): where a serious ground for summary dismissal exists (proven fraud, theft or assault), blocking periods do not apply. The employment relationship is dissolved with immediate effect.

5. A legally sound approach and documentation

Anyone — employer or employee — confronted with a situation in which blocking periods play a role has to document rigorously:

Secure medical certificates completely: a medical certificate is the legal foundation. It has to state the degree of incapacity for work (100 %, for instance) and the exact duration.
Check the receipt data: terminations delivered by registered post have to be analysed with regard to the exact date of receipt.
Recalculate the deadlines: where illness or accident arises during the notice period, the HR department has to recalculate the leaving date taking the remaining blocked days into account.

Conclusion and next step: check your legal protection and manage termination processes on time

The rules around blocking periods under Art. 336c CO are a minefield in Swiss employment law. An unintentional formal error or ignoring a medically certified illness when giving notice leads to drawn-out employment disputes, back payments of salary and unfortunate delays.

Would you like to check your legal protection and manage termination processes entirely on time and without error? Do not leave complex deadline calculations and formal documentation to chance. Use the intelligent tools at Kündigen24 to manage your employment-law steps, contracts and terminations digitally, securely and efficiently.

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Blocking periods on termination in Switzerland: protection in illness, accident and pregnancy under Art. 336c CO

1. The legal basis: what is a blocking period (prohibition on termination)?

A blocking period — also known in legal language as a prohibition on termination — is a period defined by law during which the employer may not validly terminate the employment relationship.

The purpose of the law: the legislator wants to prevent employees who are weakened or distracted by unforeseeable circumstances such as health crises, family events (pregnancy) or civic duties (military service) from losing their job on top of everything else.
The absolute effect: if the employer declares a termination during a running blocking period, that termination is void from the outset (Art. 336c para. 2 CO). It has no legal effect whatsoever. It is as if the letter had never been sent.

2. The protected groups and periods (Art. 336c para. 1 CO)

The law clearly distinguishes between different life situations in which protection against termination applies:

A. Military, civil protection and civilian service (lit. a)

The protection: while the employee is performing compulsory Swiss military service, civilian service or civil protection service — for the duration of the service as well as the four weeks before and after it, provided the service lasted more than eleven days — no termination may be given.

B. Illness and accident (lit. b)

In practice this is by far the most common area of application and the most prone to dispute:

In the 1st year of service: during full or partial incapacity for work due to illness or accident, termination is blocked for a maximum of 30 days.
From the 2nd to the 5th year of service: the blocking period extends to a maximum of 90 days.
From the 6th year of service: the blocking period is a maximum of 180 days.
Worth knowing: these are maxima per year of service and per illness or accident event. If several independent health problems occur in the same year, the blocking periods run within the statutory ceilings.

C. Pregnancy and maternity (lit. c)

The protection: for the entire duration of a pregnancy and for the 16 weeks following the birth, the employee enjoys absolute protection against termination.
A particular point on miscarriage: if a miscarriage occurs after the 12th week of pregnancy, a short protective period likewise applies.

D. Aid operations abroad ordered by the authorities (lit. d)

The protection: taking part in an aid operation abroad ordered by the federal authorities is likewise covered by the prohibition on termination.

3. The critical difference: termination before the illness versus during the illness

An extremely common error in employment law concerns the chronology between the termination being given and incapacity for work beginning. Here the exact date decides whether it is effective.

Scenario A: the termination arrives before the illness begins

The legal position: if the employee duly receives the termination letter in their letterbox and only becomes seriously ill or has an accident the day after receipt (or during a notice period that is already running), that does not immediately interrupt or stop the notice period.
Extension of the period (Art. 336c para. 3 CO): if incapacity for work arises during a notice period that is already running, the notice period is automatically extended by the number of days of illness (within the blocking period).
Example: the notice period is 3 months and expires on 30 September. In mid-August the employee falls seriously ill and is unfit for work for 20 days. The notice period is therefore extended by those 20 days, so that the employment relationship only ends in October.

Scenario B: the termination arrives during an illness that is already under way

The legal position: if the employee is already signed off sick at the time the termination is received (and probation is over), the blocking period applies immediately.
Nullity: the termination is void. The employer has to give the termination again after the employee has fully recovered for it to be legally valid.

4. Exceptions to the blocking period: when termination is possible despite illness

No rule without an exception. Swiss law provides for a few but significant constellations in which protection against termination is set aside:

During the probation period (Art. 335b CO): during the statutory or contractual probation period (at most the first three months), no protection against termination applies for illness, accident or pregnancy. The employer (and the employee) can terminate at any time during this period subject to the 7-day period, even if the other party is in hospital (unless the dismissal is abusive, which is hard to prove in the individual case).
Summary dismissal (Art. 337 CO): where a serious ground for summary dismissal exists (proven fraud, theft or assault), blocking periods do not apply. The employment relationship is dissolved with immediate effect.

5. A legally sound approach and documentation

Anyone — employer or employee — confronted with a situation in which blocking periods play a role has to document rigorously:

Secure medical certificates completely: a medical certificate is the legal foundation. It has to state the degree of incapacity for work (100 %, for instance) and the exact duration.
Check the receipt data: terminations delivered by registered post have to be analysed with regard to the exact date of receipt.
Recalculate the deadlines: where illness or accident arises during the notice period, the HR department has to recalculate the leaving date taking the remaining blocked days into account.