What is the Berne scale?
The Berne scale is a scale used in Switzerland to determine the length during which an employer must continue to pay an employee's salary in the event of a disability of work, notably due to illness or accident. This scale, named after the canton of Berne, is used as a reference in several Swiss cantons, notably in French-speaking Switzerland to calculate the employer's salary obligations in relation to the seniority of the employee. Other cantons use the Zurich or Basel scale.
For example, for the first year of service, the employer is obliged to pay wages for three weeks. This period gradually increases to 10 months after 40 years of service.
Origins and legal basis
The Bernese scale was introduced following a decision by the industrial tribunal of the canton of Bern in 1926.
The obligation to maintain salary payments is defined in article 324a of the Swiss Code of Obligations. Where no longer duration is provided for by an agreement or convention Collective Labor Agreement (CLA)The employee is entitled to his or her full salary for a certain period of time, depending mainly on seniority, defined as an appropriate longer period.
Contribution deadlines according to the Bernese scale
The contribution deadlines vary according to the employee's length of service with the company.
- Year of service
- Duration of salary payments
Employer's obligations
The employer is obliged to continue to pay the salary (including all components) of an employee in disability provided that the employment relationship has lasted more than three months or has been concluded for a period of more than three months. He must therefore comply with the scale.
Employee obligations
The worker must prove his incapacity for work by providing a medical certificate which specifies whether he or she is totally or partially unable to work, without including a diagnosis. Employers can request this certificate as early as day one absence, although some employment contracts require presentation only from the third or fourth day. In the event of prolonged incapacity, the employee must provide new certificates on a regular basis.
Per diem insurers and employers alike can request an examination by a medical consultant. examination by a medical consultant, at the insurer's or employer's expense. This doctor will only report on the inability to work, without disclosing any other information. diagnosis.
Employee rights in the event of incapacity for work
Salary continuation conditions
According to the article 324a of the Swiss Code of Obligations, if a worker is prevented from working without fail such as sickness, accident, the fulfillment of a legal obligation or a public duty, the employer is obliged to pay the employee's salary for a limited duration provided that the employment relationship has lasted more than three months or have been concluded for a period of more than three months.
Calculation and period of salary continuation
As shown above, entitlement to continued salary is calculated per year of service, each year entitling the holder to a new credit. If several periods of disability occur during the same year of service, they are added together without generating new rights.
This hold is not limited to the basic salary, and includes all components of the salary that would have been received in the absence of disability (e.g. bonuses, commissions, benefits in kind, etc.). For irregular wages, we refer to a representative period of the year preceding the disability.
Supplementary insurance for incapacity for work
To minimize the financial risk related to an employee's incapacity for work, employers can subscribe to a variety of supplementary insurancecomplementing the compulsory insurance. These insurances help strengthen legal obligations for salary continuation, offering additional coverage for extended periods of incapacity.
Loss of earnings insurance (APGM)
The Loss of earnings insurance (APGM) is one of the main insurances that come into play when the period of continued salary payment, according to the Bernese scale or another scale, is exhausted. APGM makes it possible to extend employee coverage in the event of prolonged illness. This insurance is optional in general, unless there is a Collective Labor Agreement (CLA) providing forobligation to take out such insurance.
This insurance covers 80 % of the salary for a period of 720 or 730 days over a period of 900 days. The conditions of the insurance policy determine the benefits, and in some cases the daily allowance can cover up to 100 % of salary.
Individual loss of earnings insurance
Individual loss of earnings insurance comes into play when the employment relationship ends for example, in the event of long-term illness making it impossible to return to work.
It enables an employee to maintain a coverage against a loss of earnings due to incapacity for work, even after the end of contract but it must be taken out within the time allowed for 30 days following termination of employment.
Accident insurance
In Switzerland, aninsurance for accidents is mandatory for all employees. It covers accidents occurring both at work and during leisure time. It covers medical care, as well as compensation for loss of earnings up to a maximum of 80 % of gross salary from the third day following the accident.
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Frequently Asked Questions
Is it compulsory for employers to take out insurance against loss of earnings due to illness (APGM)?
Taking out insurance against loss of earnings due to illness (APGM) is optional. However, it is often included in employment contracts for protecting both the employer and the employee.
On the other hand, in most Collective Labour Agreements, the employer is required to take out an APGM.
Are daily allowances subject to deductions?
No, daily allowances are not subject to deductions for AVS/AI/APGcontributions. What's more, in the event of prolonged illness, pension fund contributions are generally waived after a few months.
Are insurance premiums tax-deductible?
Yes, premiums paid for daily allowance and loss-of-earnings insurance can generally be deducted from taxes, for both employer and employee.
What can I do if my employer hasn't taken out daily benefits insurance?
If your employer has not taken out daily allowance insurance, he/she is still bound by the legal obligations of continued salary in the event of incapacity for work.
He will therefore have to pay the full salary during the periods defined by the applicable scale (Berne, Zurich, etc.). The Employer assumes the financial risk associated with an employee's prolonged incapacity.
