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Old 27.04.2013, 12:40
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Employment Contract Help

Good Morning All,

I'm new to Zurich as of 2013 and wondered if someone who knows about employment law would be able to help me?

I recently moved apartments and in the process lost a box of important documents (stupid I know). Within that box was my contract of employment, which is very important as I'm currently having some issues at work which means I need to refer to it as soon as possible.

My employer is being fairly difficult about sending me a copy of my of contract even though they have a signed copy for their records. I'm not very familiar with Swiss employment law so just wondered if withholding my contract information from me was in breach of anything? It's pretty important that I get my hands on it one way or another.

If anyone could assist I would be extremely grateful.

Many thanks for reading.
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Old 27.04.2013, 12:55
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Re: Employment Contract Help

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Good Morning All,

I'm new to Zurich as of 2013 and wondered if someone who knows about employment law would be able to help me?

I recently moved apartments and in the process lost a box of important documents (stupid I know). Within that box was my contract of employment, which is very important as I'm currently having some issues at work which means I need to refer to it as soon as possible.

My employer is being fairly difficult about sending me a copy of my of contract even though they have a signed copy for their records. I'm not very familiar with Swiss employment law so just wondered if withholding my contract information from me was in breach of anything? It's pretty important that I get my hands on it one way or another.

If anyone could assist I would be extremely grateful.

Many thanks for reading.
Your employers are not withholding contract information, you had a signed copy, you have lost it, why would Swiss law possibly cover this?

For information, your employer can give notice for any reason at any time, they only need to pay your notice period, the concept of redundancy does not really exist.
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Old 27.04.2013, 14:33
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Re: Employment Contract Help

"Your employers are not withholding contract information, you had a signed copy, you have lost it, why would Swiss law possibly cover this?"

I don't know, hence why I'm on an employment law forum. I would have thought that this was fairly apparent.
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Old 27.04.2013, 14:34
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Re: Employment Contract Help

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"Your employers are not withholding contract information, you had a signed copy, you have lost it, why would Swiss law possibly cover this?"

I don't know, hence why I'm on an employment law forum. I would have thought that this was fairly apparent.
Em actually you are not. You are in a general forum about Switzerland. Go ask a lawyer if you are desperate
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Old 27.04.2013, 14:58
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Re: Employment Contract Help

Wow. I cannot fathom the person that uses their Saturday afternoon to post such a comment on a topic that has no affect or relevance to them whatsoever.

For what it's worth, I'm in the employment forum that covers legalities (as clearly signposted) on an expat website. I am an expat seeking advice on employment law...

If you have a problem with the semantics of this website I suggest you take it up with the site Administrator as you clearly have plenty of time on your hands.
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Old 27.04.2013, 15:13
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Re: Employment Contract Help

Never helps to p*ss off others Cautiousone!
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Old 27.04.2013, 15:26
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Re: Employment Contract Help

Hold on, I've come on to an open forum in an extremely polite manner asking fellow members of this community for help (in a designated help section). In return I've got two smug and pedantic comments.

I'm sure you'd be slightly perturbed as well.
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Old 27.04.2013, 15:44
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Re: Employment Contract Help

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Hold on, I've come on to an open forum in an extremely polite manner asking fellow members of this community for help (in a designated help section). In return I've got two smug and pedantic comments.

I'm sure you'd be slightly perturbed as well.
OK, well for a start there is no such thing as employment law here, as there is in the UK or Ireland for example. An employment contract is more or less like any other type of contract here, so the concepts of unfair dismissal, constructive dismissal, redundancy and so on do not exist. And as someone else said, so long as they give you the required notice period or pay for the notice period they are free to terminate you as they wish.

As for getting a copy of the contract for them, I've never heard of any requirement for a party to a contract to supply the other party with a copy in the event that they have lost it, either here, the UK or Ireland. One with hope that the other party would be accommodating in such a situation, but if not I don't think there is much you can do - but check with a lawyer just in case.

On the other hand most of what is covered in an employment contract is usually covered in the HR material - employee's handbook etc..., so I would expect you should have access to most of it, or am I wrong?

Otherwise all I can suggest is to search the forum, most employee issues have been discussed at some time or other, so you should be able to get some knowledge from that. Or alternatively come back with a concrete example of your concerns and perhaps we can address them.
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Old 27.04.2013, 15:44
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Re: Employment Contract Help

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Wow. I cannot fathom the person that uses their Saturday afternoon to post such a comment on a topic that has no affect or relevance to them whatsoever.

For what it's worth, I'm in the employment forum that covers legalities (as clearly signposted) on an expat website. I am an expat seeking advice on employment law...

If you have a problem with the semantics of this website I suggest you take it up with the site Administrator as you clearly have plenty of time on your hands.
Maybe you have slightly misunderstood this part of the forum too, this is just a place where you can ask questions relating to legalities at work, but as far as I'm aware, if anybody has experience they can help but there is not a team of lawyers here to answer questions, it's just a general forum, and not a professional law forum, the employment part is just a pigeon hole so people only post relevant topics in this area.

As far as I'm aware the employer is not obliged to provide you with a copy of a document they already gave you. If it was the original contract, yes there would be a breach, but as you already had your copy of the original, they are under no obligation. (I speak as an employer) Look for a document on the internet called code des obligations, I think it only exists in French, German, and Italian, maybe in English.

Last edited by SimonHicken; 27.04.2013 at 15:56. Reason: Grammar
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Old 27.04.2013, 16:41
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Re: Employment Contract Help

Simon/Jim,

Thank you very much, that's exactly the kind of thing I'm after.

Interesting what you say about constructive dismissal because that's exactly what I'm interested in. Wanted to know my options if I was to resign now outside of my probationary period. - as outlined in my contract.

Thanks again.
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Old 27.04.2013, 16:50
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Re: Employment Contract Help

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the concept of redundancy does not really exist.
What nonsense... I still don't understand what motivates some people to reply about a subject they clearly know little or nothing about.

http://www.admin.ch/ch/d/sr/220/a336.html
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Old 27.04.2013, 16:52
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Re: Employment Contract Help

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OK, well for a start there is no such thing as employment law here, as there is in the UK or Ireland for example.

Again, utter nonsense:

http://www.admin.ch/ch/d/sr/220/index2.html#id-2-10
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Old 27.04.2013, 18:15
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Re: Employment Contract Help

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Simon/Jim,

Thank you very much, that's exactly the kind of thing I'm after.

Interesting what you say about constructive dismissal because that's exactly what I'm interested in. Wanted to know my options if I was to resign now outside of my probationary period. - as outlined in my contract.

Thanks again.
If you resign, you will work your notice & leave, thats the end of it.
If your fired, you will work your notice & leave, thats the end of it.

It's totally fair to both parties, what is there to complain about!
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Old 27.04.2013, 18:18
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Re: Employment Contract Help

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It's totally fair to both parties, what is there to complain about!
As long as the dismissal was legal, I already provided the link to the law that specifies when the dismissal is illegal, but here you go again:
http://www.admin.ch/ch/d/sr/220/a336.html

'Unfair dismissal' is called 'Missbräuchliche Kündigung' in German.
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Old 27.04.2013, 18:20
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Re: Employment Contract Help

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What nonsense... I still don't understand what motivates some people to reply about a subject they clearly know little or nothing about.

http://www.admin.ch/ch/d/sr/220/a336.html
There is no statutory redundancy payment paid to people in Switzerland when made redundant. Having been made redundant after 12 years in CH, I do have some knowledge of this!
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Old 27.04.2013, 18:21
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Re: Employment Contract Help

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Having been made redundant after 12 years in CH, I do have some knowledge of this!
Your posts don't reflect this...
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Old 28.04.2013, 08:45
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Re: Employment Contract Help

I see Papa_goose and Today_only must be suffering from a bad hangover, all that groaning...
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Old 28.04.2013, 09:06
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Re: Employment Contract Help

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the concept of redundancy does not really exist.
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What nonsense... I still don't understand what motivates some people to reply about a subject they clearly know little or nothing about.

http://www.admin.ch/ch/d/sr/220/a336.html
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Having been made redundant after 12 years in CH, I do have some knowledge of this!
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Your posts don't reflect this...
The only mention of redundancy in the link you provided states that in the case of mass redundancies, the employees (or their representatives) must be consulted. In real life, this seems to be little more than a box ticking exercize (or occasionally a bluff/blackmail exercize).

As FMF says, the concept of redundancy does not really exist.


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I see Papa_goose and Today_only must be suffering from a bad hangover, all that groaning...
Oh poor baby. Did the nasty boys groan you?
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Old 28.04.2013, 09:52
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Re: Employment Contract Help

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I see Papa_goose and Today_only must be suffering from a bad hangover, all that groaning...
It was hell of a session last night, hangover really bad
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