Illness: 30, 90 or 180 days, notice given during that time is void
Updated on October 24, 2026
After probation, article 336c paragraph 1 letter b of the Code of Obligations stops the employer from giving notice during a full or partial inability to work caused by illness or accident that is not the employee's fault. The period is 30 days in the first year of service, 90 days from the second to the fifth, and 180 days from the sixth. Notice given during that period is void. Notice given earlier, whose period is still running, is suspended. This is not the unfair-dismissal regime of article 336.
Pay and protection are two questions
Article 336c does not say whether wages continue. Continued pay during a no-fault inability follows article 324a CO, an insurance policy or an agreement. Protected days add up within the same year of service.
| Year of service | Length of protection |
|---|---|
| 1st year | 30 days |
| 2nd to 5th year | 90 days |
| From the 6th year | 180 days |