Employment & sick leave · Switzerland
Speak to a sick leave lawyer in Switzerland about your absence
Sick leave disputes in Switzerland are decided under federal employment law but heard by the courts of one of 26 cantons, each with its own procedure, fees and court organisation. Tell us what happened — free and in confidence — and we match you with a lawyer who handles sick leave and employment cases in your canton.
- Free, confidential first review of your situation
- Lawyers admitted in Switzerland and entered on a cantonal roll
- A first response usually within 24–48 hours
Matching is free and creates no obligation. You agree terms only with the lawyer you choose.
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Why this page exists
Sick leave problems in Switzerland, explained
If you are off work because of illness and your employer questions your medical certificate, stops paying your salary, or ends your employment while you are unwell, the situation quickly becomes stressful. Employment relationships in Switzerland are governed by the federal Code of Obligations, while the courts that hear disputes belong to one of the 26 cantons, each applying its own procedure and fee schedules. This is where a sick leave lawyer in Switzerland can help: someone who knows how cantonal practice differs from Zürich to Genève, which federal limitation period applies to your claim, and what evidence a court expects. europeanlawyerfinder.com is not a law firm. We listen to your situation free of charge and match you with a lawyer who handles sick leave and employment matters in your canton.
Switzerland in practice
How sick leave disputes work in Switzerland
Switzerland regulates employment relationships through the federal Code of Obligations, but the court that would hear your case belongs to one of the 26 cantons, each with its own procedure, fees and court organisation. If your absence or your salary is in dispute, the practical questions are which canton, which deadline and which evidence.
One federal contract law, 26 cantonal court systems
Substantive private and commercial law in Switzerland is unified at federal level, and the Code of Obligations of 1911 governs contracts, including employment contracts, across the whole country. The administration of justice nonetheless remains largely cantonal: since 2011 a single federal Civil Procedure Code applies everywhere, but court organisation, the composition of the judiciary, court fees and party compensation are still matters for each canton.
Do you have to instruct a lawyer?
In Swiss civil procedure there is no general obligation to be represented by a lawyer: under Art. 68 of the Civil Procedure Code you may appear in person or instruct any person capable of acting as your representative. If your case reaches the Federal Supreme Court in Lausanne, Art. 40 of the Supreme Court Act requires representation by an admitted lawyer. Many clients nevertheless instruct a lawyer from the first cantonal instance onwards.
One admission, valid throughout Switzerland
A lawyer who holds a cantonal practising certificate and is entered on the cantonal lawyers’ roll may represent parties before judicial authorities anywhere in Switzerland. The Federal Act on the Free Movement of Lawyers (BGFA) guarantees this nationwide recognition, while each cantonal supervisory authority supervises the lawyers on its own roll. You are therefore not restricted to lawyers of the canton hearing your case.
Deadlines that shape sick leave claims
Swiss limitation periods are set at federal level. Claims for periodic payments such as salaries become time-barred after five years; compensation for abusive dismissal must be claimed within 180 days; non-contractual damages claims follow a three-year relative and ten-year absolute period. Anyone whose salary stopped while they were ill will usually look at the five-year period, while an abusive dismissal claim is subject to the much shorter 180-day period.
Court fees, lawyers’ fees and legal aid
Court fees in cantonal civil proceedings follow cantonal tariff schedules rather than a single federal tariff, and they are generally proportional to the value in dispute. The claimant normally pays an advance on costs under Art. 98 of the Civil Procedure Code, and the unsuccessful party bears the costs under Art. 106. Free legal aid under Art. 117–123 CPC is available to individuals without sufficient means whose case is not hopeless.
Language and cross-border elements
Switzerland has four national languages, and proceedings are conducted in German, French or Italian depending on the canton, which affects how your file is prepared and presented. Switzerland is not a member of the European Union; for disputes with an employer based in an EU state, the 2007 Lugano Convention governs jurisdiction and the recognition and enforcement of judgments.
Key time limits — Employment Law
| Federal time limits relevant to absence, salary and dismissal | Matter | Time limit |
|---|---|---|
| Periodic payments (rent, interest, salaries, maintenance) | 5 years | Usually the reference period when salary payments were reduced or withheld during a period of sick leave. |
| Claim for compensation for abusive (unfair) dismissal | 180 days | A short federal period that applies where the dismissal itself is challenged, for example after a dismissal during illness. |
The country data on this page is taken from official Swiss sources (Fedlex and the Federal Office of Justice) as published at the date of writing.
Typical situations
What people bring to us
These are the three situations we are asked about most often when an illness turns into a dispute with an employer.
Your medical certificate is questioned
You have a doctor’s certificate, but your employer questions the absence, asks for further evidence, or disputes how long you were unfit for work. What looked like a medical matter has become a legal dispute about proof.
Your salary stopped while you were ill
Payments were reduced or stopped during your sick leave and the two sides disagree about the basis for it. In Switzerland the answer turns on your contract and the federal Code of Obligations, applied by the courts of your canton.
You were dismissed during or after sick leave
Your employment ended while you were ill, or shortly after you returned. Federal law sets a 180-day period for claiming compensation for abusive dismissal, so the timing of any challenge matters from the first day.
How we help
Matching that respects how Swiss justice actually works
We are a matching platform, not a law firm. Our job is to route your case to a lawyer who practises in the right canton and in the right field.
One request, relevant lawyers only
You describe the situation once. We compare it with lawyers who genuinely handle Swiss employment and sick leave matters, instead of handing you a long list of firms to call yourself.
Lawyers admitted in Switzerland
Every lawyer we match you with holds a cantonal practising certificate and is entered on a cantonal lawyers’ roll under the Federal Act on the Free Movement of Lawyers, so they can represent you before Swiss courts.
Free and without obligation
Matching costs you nothing and creates no obligation. You decide whether to instruct the lawyer you are introduced to and on what terms. Lawyers’ fees in Switzerland are agreed freely between lawyer and client or set by cantonal fee schedules.
Cantonal knowledge that matters
Because Swiss courts, fees and procedures are organised canton by canton, we look for a lawyer familiar with the practice of the canton where your case would be heard, whether that is Zürich, Genève, Basel, Lausanne, Bern or Lugano.
Cross-border cases
Switzerland and its European neighbours
Sick leave cases often have a cross-border dimension: an employer headquartered abroad, a posting to Switzerland, or a move to a Swiss canton from elsewhere in Europe. Switzerland is not an EU member but is linked to the EU by sectoral bilateral agreements and is a party to the 2007 Lugano Convention, which matters for jurisdiction and enforcement. We work across these markets and can look for a lawyer in the country or canton that fits your situation.
Questions and answers
Sick leave and Swiss courts: common questions
Do I need a lawyer for a sick leave dispute in Switzerland?
Not necessarily. Under Art. 68 of the Swiss Civil Procedure Code there is no general obligation to be represented by a lawyer in civil proceedings, and you may appear in person. If your case reaches the Federal Supreme Court in Lausanne, however, Art. 40 of the Supreme Court Act requires representation by an admitted lawyer.
What does a sick leave lawyer in Switzerland actually do?
A sick leave lawyer in Switzerland reviews your employment contract, the medical evidence and the correspondence with your employer, explains the cantonal procedure that would apply and the relevant federal limitation periods, negotiates where that makes sense, and represents you before the courts if the dispute is not resolved.
How long do I have to claim unpaid salary in Switzerland?
Claims for periodic payments such as salaries are subject to a five-year limitation period under the Swiss Code of Obligations. If the dispute concerns compensation for an abusive dismissal rather than unpaid salary, the federal period is 180 days, so it is worth clarifying early which claim you actually have.
Which court will hear my case, and in which language?
Substantive employment law is federal, but the courts are organised by the canton, so the competent court depends on the canton concerned. Switzerland has four national languages, and proceedings are conducted in German, French or Italian depending on the canton. A lawyer practising in that canton is best placed to prepare your file.
Can a lawyer from another canton represent me?
Yes. Under the Federal Act on the Free Movement of Lawyers, a lawyer admitted in one canton and entered on its roll may represent parties before judicial authorities throughout Switzerland. The practising certificate is recognised nationally, while professional supervision remains with the cantonal authorities.
What does it cost, and is legal aid available?
Matching through our platform is free. Lawyers’ fees in Switzerland are agreed between lawyer and client or determined by cantonal fee schedules, and court fees follow cantonal tariffs. Free legal aid under Art. 117–123 of the Civil Procedure Code is available to individuals without sufficient means whose case is not devoid of any chance of success.
Next step
Tell us about your sick leave situation
Describe what happened in a few sentences — no documents are needed at this stage. We will look for a lawyer in Switzerland who handles sick leave and employment matters and put you in touch, free of charge and without obligation.