The Bernese Scale

The Bernese scale is a jurisprudential scale used in Switzerland to determine how long an employer must continue to pay the salary of an employee unable to work due to illness or accident, through no fault of their own. It is rooted in Article 324a of the Swiss Code of Obligations (CO), which obliges the employer to pay wages “for a reasonable period” after the first year of service. Concretely, it is a progressive “scale” based on the employee’s length of service, which defines minimum salary continuation periods.

Why “Bernese”? It gets its name from a judgment of the Bern labor court in 1926, which laid the foundations of this system to balance employee rights and employer obligations. Today, it is the reference in French-speaking Switzerland and the canton of Bern, but other cantons use variants.

Interesting note: Did you know this system dates back nearly a century? At the time, Swiss courts sought to humanize labor law, inspired by European labor movements. Compared to France, where the employer often pays 90% of the salary for 30 days (via Social Security), Switzerland relies on a more decentralized approach, with a key role for private insurance.

The calculation is simple: the more years of service with an employer, the longer the protection period. Here's the detailed scale:

This table is based on standard case law. Caution: during these periods, the employer usually pays 100% of the salary, but this can be reduced if a loss-of-income insurance (APG) is in place, which often takes over after the first few weeks.

For freelancers: if you hire a collaborator (e.g., a virtual assistant), you must respect this scale if your contract is considered employment. Always check if a collective labor agreement (CCT) applies to your sector, as it may extend these rights.

As Switzerland is federal, each region has its particularities. The Bernese scale is not unique; there are others:

• Basel scale (applied in Basel-Stadt and Basel-Landschaft): More generous for long service, with up to 6 months after 20 years.
• Zurich scale (for Zurich and other German-speaking cantons): Similar, but with nuances regarding waiting periods.

In French-speaking Switzerland, the Bernese scale is the norm, covering cantons such as Geneva, Vaud, or Fribourg. If your company operates in several cantons, consult a legal expert to avoid surprises!

Interesting note: These scales reflect Swiss regional traditions. For example, the Basel scale is influenced by the pharmaceutical industry in the region, where long-term employees are common. Internationally, the United States has no similar federal obligation, often leaving employees without pay after a few days — a stark contrast to our Swiss system!

As a freelancer (or independent worker), you are not directly affected by the Bernese scale, as it applies to salaried employees under an employment contract. Independents are not entitled to the employer's obligation to pay in case of illness — it’s up to you to protect yourself!

Since the Bernese scale does not cover you, the key is voluntary loss-of-income insurance (APG). In Switzerland, independents can subscribe to:

• A daily allowance sickness insurance through a health insurer (LAMal), covering 80–100% of income after a waiting period (often 30 days), for up to 720 days.
• An optional accident insurance (LAA), mandatory if you work more than 8 hours/week, but extendable to cover illnesses.

Tips for freelancers:

1. Compare offers (e.g., KPT, Assura, Mobilière) for a short waiting period and high coverage rate.
2. Calculate your premium: it depends on your income and age, often around 1–3% of your turnover.
3. Think about long-term planning: combine with a 3rd pillar to cover long-term disability.

Without this, a 2-month stoppage could ruin your finances—imagine a freelance graphic designer stuck in bed with no income!

Interesting note: Swiss independents pay mandatory AVS/APG contributions, but for illness, it’s “self-service.” In the Netherlands, freelancers have a similar system, but with state subsidies—an idea for Switzerland?