Dispute with the employer: What you need to know about the doctor’s certificate

Good to know this: If the employer has doubts about the doctor’s report, he can send it to the forensic doctor. But she is not allowed to request more information from any doctor other than him. Only information that directly affects the employment relationship is allowed, i.e. for how long and to what extent a person is absent. This situation is regulated in Article 328b of the Code of Obligations. Healthcare professionals are also subject to professional confidentiality. For example, if they tell the employer what disease the employees are suffering from, they can be punished under Article 321 of the Criminal Code. Unless they openly admit it, of course.

A crafts and drawing teacher was teaching at a school on Thursdays and Fridays. He also worked as an artist. After he left, he accused the school of bullying him. He presented a doctor’s note stating that he was 100 percent sick. The school hired a private investigator to investigate him. On Thursday, he found the employee working in his studio. He was later terminated without notice. The former teacher disagreed. He filed a lawsuit for damages and sought compensation for what he saw as unfair termination. The Federal Court agreed with him.

Good to know this: When a doctor writes that a patient is completely unfit for work, this always refers only to a specific job. If someone has more than one job, it is conceivable that the person could be 100 percent unable to work in one place but 100 percent able to work in another. A particular activity may even help you recover faster. Thus, employees will not have to be accused of violating a doctor’s report or even knowingly providing a false certificate.

If you become ill, you must provide a doctor’s report within three days of the onset of the illness. This was in a mechanic’s employment contract. When he got helpless, an argument broke out. The employer accused her, among other things, of submitting the doctor’s report too late. This was true. According to the Federal Court, the employer cannot stop paying salaries for this reason.

Good to know this: Everyone who is unable to work will continue to be paid, at least for a certain period of time. This situation is regulated in Article 324a of the Code of Obligations. This provision is relatively mandatory. This means that the employment contract cannot be changed to the detriment of the employees. The employer may require you to provide a doctor’s report from the first day you cannot work. However, such regulations are merely regulatory requirements. Anyone who fails to comply will not automatically lose the right to continue paying fees. Employees may also use other methods to prove that they can or cannot work.

Case: A psychiatrist evaluated a patient for disability insurance. He reported suffering from depressed mood and sleep disturbance on several occasions. She also has a hard time coping with her living conditions, especially because her husband is an alcoholic. That’s why she can’t work partially.

A few years later, the woman had a serious accident. His health problems got worse. She asked the psychiatrist not to tell the accident insurance company about her depression because she feared negative consequences. The psychiatrist later wrote: “As long as I knew Mrs. A., she never showed signs of depressive illness. I can assume that he is in a completely psychopathologically stable state and is able to cope with all the demands of his life.” The doctor was found guilty of providing false medical certificates. Rightly so, according to the decision of the Federal Court.

Good to know this: Health certificates must be accurate. Doctors who conceal something or make false statements against their own decisions may be prosecuted under Article 318 of the Criminal Code. This can also be disadvantageous for patients: Anyone who provides false information risks having their insurance benefits reduced or even canceled altogether. Therefore, it is not a good idea to force the doctor to provide a certain certificate.