A man in the Canton of Bern has received a criminal conviction for fraud after falsely claiming sick leave from his employer in Switzerland while simultaneously working a second job abroad. This deception allowed him to illegally collect over 10,000 Swiss francs in wages over a three-month period.
Key Takeaways
- A man was convicted of fraud for collecting two salaries.
- He submitted a false medical certificate to his Swiss employer.
- The fraud involved over 10,000 Swiss francs in wages.
- He received a conditional monetary penalty and a fine.
- Swiss employers can investigate suspected medical certificate misuse.
Fraudulent Sick Leave and Double Employment
The individual presented a medical certificate from a doctor located in a European country outside Switzerland. This certificate claimed he was unable to work for his Swiss employer. At the same time, he was actively working another job overseas, effectively receiving two incomes.
Prosecutors in the Canton of Bern stated that the man intended to enrich himself illegally. He reportedly assumed his Swiss employer would not verify the medical certificate. This assumption was based on the trust placed in him by his supervisors and the perceived difficulty of further investigations.
Fraudulent Gain
- Amount: Over 10,000 Swiss francs
- Duration: Approximately 3 months
- Method: Falsified medical certificate while working another job
Court Ruling and Penalties
The 28-year-old man, who holds a foreign nationality, was found guilty of fraud through a penal order. The court imposed a conditional monetary penalty of 90 daily rates, each set at 70 Swiss francs. This totals 6,300 Swiss francs. This penalty is suspended, meaning he will only have to pay it if he commits another crime within a two-year probationary period.
In addition to the conditional penalty, the man received an unconditional fine of 500 Swiss francs. He must also cover the procedural costs, which amount to 800 Swiss francs. Failure to pay the fine could result in a five-day prison sentence.
"The man assumed his employer would not check the sick leave due to trust and the unreasonableness of further checks," the Canton of Bern Public Prosecutor's Office stated in its penal order.
Employer Rights and Legal Implications
Swiss law allows employers to initiate investigations if they have strong reasons to suspect the misuse of a medical certificate. A medical certificate is a document from a doctor that states an employee is unfit for work.
From a labor law perspective, a falsified medical certificate can be considered a serious breach of contract. Such a breach could justify immediate termination of employment without notice. However, the employer must provide clear evidence that the certificate was indeed falsified.
Understanding Medical Certificates in Switzerland
In Switzerland, medical certificates are crucial for justifying absences from work due to illness. Employees typically submit these to their employers to ensure continued salary payments during sick leave. Trust between employer and employee is a cornerstone of this system. However, legal provisions exist to address cases of suspected abuse, protecting both employers and the integrity of the system.
Preventing Future Misuse
This case highlights the importance of integrity in employment relationships. Employers often rely on the honesty of their staff, especially concerning medical documents. However, this incident serves as a reminder that legal consequences apply when trust is violated through fraudulent actions.
The Canton of Bern Public Prosecutor's Office handled the case, demonstrating the legal system's commitment to addressing such offenses. The outcome underlines that attempts to gain financially through false claims of illness while working elsewhere carry significant legal risks and penalties.
Employees are expected to adhere to their contractual obligations. This includes being truthful about their health status and work capacity. Misusing medical certificates for financial gain is a serious offense under Swiss law.