A high-profile dismissal in Switzerland is currently making headlines: a Swisscom employee lost his job after 38 years with the company following a conflict that arose when he went to help his 83-year-old neighbor with a problem at a Swisscom store. The story sparked widespread public outcry, and a petition in his support was launched.
But today's episode was very personal for me. Because my son was also fired.
In recent weeks, he had been experiencing health problems: leg pain, fatigue, and slow reaction times. He was on sick leave, underwent tests, and then multiple sclerosis was suspected. His employer is still unaware of the possible diagnosis.
However, changes in his condition had already been noticed at work, and he was ultimately fired.
Can someone be fired in Switzerland while sick? When does dismissal protection apply? What changes if a person is not officially on sick leave when they receive their Kündigung? And what should you do if you believe the dismissal was unfair?
But there's another very serious question in our story. My son completed expensive training for a new profession—locomotive engineer. The training cost approximately 28,000 Swiss francs, and the contract he signed included provisions for reimbursement of training costs upon termination of employment.
Now we need to carefully examine whether these provisions apply to his situation and how much money they might actually demand.
In the video, I'll explain what we plan to do next: legal insurance, doctor's documents, review of the employment contract and training contract, and where in Switzerland you can seek advice if you don't have Rechtschutzversicherung (Rechtschutzversicherung).
I'll also use our story to demonstrate why it's important to read an employment contract and any additional agreements down to the last line before signing.
This is our personal experience, not individual legal advice. In labor disputes, much depends on the specific contract, length of service, the circumstances of the dismissal, and applicable law.
Have you ever had to challenge a dismissal in Switzerland? Share your experience in the comments. An important nuance for your legal side
I wouldn't say categorically in the video: "It's legal because he wasn't on sick leave." That's too broad a statement.
According to SECO, after the probationary period, if incapacity due to illness is confirmed, there are certain periods of sperrfristen (unskilled dismissal periods), when the employer cannot validly deliver a dismissal notice: 30 days in the first year of employment, 90 days from the second to the fifth, and 180 days from the sixth. Swiss private labor law generally allows for freedom of termination, but there are limitations, particularly with regard to abusive dismissal.
SECO
And here, something else is particularly interesting for your story: a medical certificate can confirm total or partial incapacity, and the diagnosis is not required to be stated. � Therefore, I would say in the video: "At the time of dismissal, my son didn't have a valid sick leave certificate, so now we will discuss with a lawyer whether medical confirmation of his condition and the circumstances of the dismissal are relevant." This is much safer than declaring the dismissal completely legal or illegal in advance.
SECO
And with the 28,000 francs, I also wouldn't tell viewers, "He is obligated to return it." A better formulation would be: "The signed contract contains a clause regarding the reimbursement of expenses even in certain cases of dismissal by the employer, and now the lawyer must determine whether this clause applies to our specific situation and to what extent." Here, the specific wording of the contract is critical.

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