If the employee becomes ill for an extended period during the probationary period, payroll+ may terminate the employment relationship at any time in accordance with Art. 335b(1) of the Swiss Code of Obligations (OR). Termination for cause pursuant to Art. 336c(1)(b) of the Swiss Code of Obligations (OR) does not take effect until the employee has successfully completed the probationary period. This termination is not intended as harassment but is based on pragmatic grounds. Each time a sick leave claim is filed with the daily sickness benefit insurance provider and benefits are paid out, it results in a charge against the policy. Once the number of claims reaches a certain threshold, the daily sickness benefit insurer will increase premiums accordingly, as this represents a higher risk for them. payroll+’s business model is vulnerable to a higher rate of sick leave claims, as it involves a triangular employment relationship. To prevent the premiums for the group daily sickness benefit insurance from rising to exorbitant levels–which also benefits the other employees–and to protect against fraud, payroll+ AG has no choice but to terminate the employment relationship in such cases.
If the employee resigned voluntarily, these waiting periods do not apply.
After recovery, the employment relationship can be resumed following mutual agreement and the signing of a new contract with payroll+.