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-   -   Termination without notice (http://www.englishforum.ch/employment/188726-termination-without-notice.html)

heisenberg007 27.09.2013 15:21

Termination without notice
 
Hi,

I have couple of questions regarding the termination with immediate effect from side of the employee. What would be normally the reasons that I could do that? For example, I am 24/7 ready on the phone to solve the operative issues we might have mainly during the night, it happens 1-2 times per month and then you have to work for approximately 1-2 hours. I have to take my laptop on every holiday, everywhere I go, and there were no holidays that I wouldnt hear about my company. This all is without any extra compensation, it is kind of part of my job. Do you think that it could be a valid reason to terminate with immediate effect?

Thanks a lot, appreciate your help!

Village Idiot 27.09.2013 15:24

Re: Termination without notice
 
Did you know that you would have these expectations when you took the job? Is the 'on-call' part of your job in the formal role description?

If these were a surprise to you, then you certainly have a strong position to go in to negotiate with your employer; if they were always part of the deal, however, I don't think that they're grounds for leaving before your notice period is up.

k_and_e 27.09.2013 15:29

Re: Termination without notice
 
Quote:

Originally Posted by kristinat (Post 1984747)
Hi,

I have couple of questions regarding the termination with immediate effect from side of the employee. What would be normally the reasons that I could do that? For example, I am 24/7 ready on the phone to solve the operative issues we might have mainly during the night, it happens 1-2 times per month and then you have to work for approximately 1-2 hours. I have to take my laptop on every holiday, everywhere I go, and there were no holidays that I wouldnt hear about my company. This all is without any extra compensation, it is kind of part of my job. Do you think that it could be a valid reason to terminate with immediate effect?

Thanks a lot, appreciate your help!

It depends.

If you are a CEO: pretty normal

When normally paid employee: if you don't like it, then stop doing it. your employer can't force you to take your laptop on holiday

User 27.09.2013 16:17

Re: Termination without notice
 
Quote:

Originally Posted by Village Idiot (Post 1984750)
Did you know that you would have these expectations when you took the job? Is the 'on-call' part of your job in the formal role description?

It doesn't matter. You can only be on call one week in five, if memory serves me correctly (there is a limit, anyway). A lawyer is certainly more capable of giving advice than I am on the matter though.

swisspea 27.09.2013 17:11

Re: Termination without notice
 
Have you actually tried negotiating the situation ? Do you actually like your job ?

I think it's pretty bad form to just terminate, without giving the employer a chance to comprehend your concerns or negotiate the situation..

If you are salaried then your contract includes a job description where these things should be reasonably clear, and you are paid accordingly, you have general working requirements but you don't have an hourly timesheet unless it's really necessary.

If you are paid by the hour (clocking on and off) then you should also be paid for overtime and those 'extras' that you are doing should be paid.

Taking a laptop on holidays is your decision. If the company expects you to be 'on call' during your holiday, then you either have to feel that you are being paid appropriately for doing that, or you love your job, or it's just part of the deal, or you don't do it.

I'm paid by the hour. I have an open line of communication with my employer where I state whether I am 'available' or 'unavailable' on my non-office days. The employer emails me in between but I don't check my email (or I ignore it) if I have said I am 'unavailable'.

An emergency is an emergency... but most things are not urgent, and from my experience, instant gratification doesn't actually get the work done any more effectively - answering emails 'on the go' can often cause more work than leaving it a few hours or to the next day to be sorted out...

Ace1 27.09.2013 17:12

Re: Termination without notice
 
Quote:

Originally Posted by kristinat (Post 1984747)
Hi,

I have couple of questions regarding the termination with immediate effect from side of the employee. What would be normally the reasons that I could do that? For example, I am 24/7 ready on the phone to solve the operative issues we might have mainly during the night, it happens 1-2 times per month and then you have to work for approximately 1-2 hours. I have to take my laptop on every holiday, everywhere I go, and there were no holidays that I wouldnt hear about my company. This all is without any extra compensation, it is kind of part of my job. Do you think that it could be a valid reason to terminate with immediate effect?

I suggest you separate the two issues - your working arrangements and conditions are largely irrelevant to your ability to quit. As others have suggested, if you don't like the way you're expected to work, bring it up with your management, point out how flexible you've been but that they're frankly taking the piss and you'd like it to stop now, please. Work out a mutually satisfactory schedule of working.

As for leaving, you will have a notice period and you would be expected to serve it out in normal circumstances, and being unsatisfied about your normal work arrangements would not, I'm pretty sure, allow you to simply walk out without notice and expect other contractual agreements to be met. But if you're pissed off enough to say "I Quit, as of now", there's a fair chance they might not want you to work your time out anyway.

mojado 27.09.2013 20:50

Re: Termination without notice
 
According to official sources reasons that allow for an immediate termination from the employee's side are serious offenses that prevent her to continue until the end of the contractual obligations, for instance:

Assaults and verbal abuse by superiors
Sexual assaults
Serious and persistent violations to health regulations


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