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Old 28.11.2014, 13:14
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Re: Expected to continue working after being fired

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Funny thread! All the high-moral individuals one can find here is amazing!

I found myself in the same situation, except the notice period was longer.

Got fired, and my boss, as per our contract, asked me to work my notice period. He is of course entitled to do that and I had to abide, as I signed the contract.

Did the work I do brough any value to the company, during this notice period? Absolutely not.
Was my attitude in line with what my boss expected? I could not care less what he though. The company fired me, so I "fired" them, that's just plain normal.

I mean, let's be serious. A company fires you and, who on earth would think that you'll work, as if nothing happened?? If you do, well, go on ya and your company.

If you have to come to work, come. But that's just lost time and pain for both parties.
Plus, it's guaranteed that you would not bring the best vibes in the workplace. The impact of one negative element in the office can be tremendous.

But, well, if so says the contract...
I don’t know how often you were looking for another job in Switzerland after, either an unusual garden leave, or a job termination where you did not really comply with your work tasks as requested during the notice period. But I assume you are currently in this not really nice situation. And, did you already find a new job? No?! Then I advice you to have another, more precise look at your recommendation letter! Does it read quite well?! But too neutral, eventually? Well … good luck, then!
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  #62  
Old 28.11.2014, 13:14
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Re: Expected to continue working after being fired

Perhaps I'm old fashioned, but every time I have found myself obliged to work my notice period, I've continued to do my job to the best of my ability.
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  #63  
Old 28.11.2014, 13:24
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Re: Expected to continue working after being fired

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It just says 2 month notice period must be given on either side. There is no mention of working it or not. I will be paid for those 2 months, yes. I have just never ever heard of anyone being let go and then expected to keep working. I can imagine that the quality of work would not be the highest, so usually companies just cut their loses and move on.

Plus, they expect me to use my own laptop at home for their work (which is not happening).



We have never gotten on so I will not be asking for a reference. Plus, the company is not well respected in the industry. I do have excellent ones from my previous long-term job, though (in the UK).

Play nice until you get a reference/job certificate....THIS IS VERY IMPORTANT for Switzerland!
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Old 28.11.2014, 13:26
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Re: Expected to continue working after being fired

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Perhaps I'm old fashioned, but every time I have found myself obliged to work my notice period, I've continued to do my job to the best of my ability.
No, you're not, it's just a sound principle (despite what's being said in this thread). It's good for one's morale and it's a lot better to leave with a good reputation amongst peers. Is quite likely one will run into the same people further down along the career path...
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  #65  
Old 28.11.2014, 13:36
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Re: Expected to continue working after being fired

I would work throughout for sake of integrity and professionalism. This should be rewarded with positive reference letter received afterwards. Don't burn your bridges behind you. You may still need to cross the river later after all these years.
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  #66  
Old 28.11.2014, 14:00
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Re: Expected to continue working after being fired

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Perhaps I'm old fashioned, but every time I have found myself obliged to work my notice period, I've continued to do my job to the best of my ability.
I must be old fashioned too then. I would probably draw the line at doing extra unpaid overtime but would certainly continue to do the job I was employed to do.
Shit happens and sometimes a company just can't afford to keep all their employees and if you're one if the unlucky ones you just have to accept it and move on. Sometimes these things turn out for the better in any case.
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  #67  
Old 28.11.2014, 14:04
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Re: Expected to continue working after being fired

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I must be old fashioned too then. I would probably draw the line at doing extra unpaid overtime but would certainly continue to do the job I was employed to do.
Shit happens and sometimes a company just can't afford to keep all their employees and if you're one if the unlucky ones you just have to accept it and move on. Sometimes these things turn out for the better in any case.
Personally, I know of several cases when company retrenched emplyees due to redundancy and months or years later rehired them due to restructuring. That's why reputation part always counts.
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  #68  
Old 28.11.2014, 14:22
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Re: Expected to continue working after being fired

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Oh I realize it's a tricky concept to grasp for some, but yes, we actually do value commitment and obligation.

Of course the employee is always the poor, mistreated individual that did nothing wrong and the employer is the bad one, on principle. Imagine you were the employer - I would love to see you pay an employee for two more months with nothing in return. Why not simply stop salary payment just like that - after all, it's only a contract, a piece of paper, so who cares, right...

We are not in the US or the UK, this is how Switzerland makes its rules. Just because a few people now find it "odd" or "unfair" or supposedly "against common sense" doesn't matter the slightest. And it certainly doesn't change the system - this is how it's done here and you are working here now, not anywhere else, so deal with it.

Anyone who prefers to be let go with no notice in such a situation, like elsewhere in the world, can simply ask. I'm sure any employer will happily agree.
The common sense bit is in this case is required from the employer's side. They've fired someone, by the sounds of it as result of a clash of personalities, and then expect them to continue working. Does that not strike you as not in the slightest bit odd? The employee knows they're not wanted anymore, so how on earth can they be expected to carry out any sort of meaningful tasks? Not only that, keeping them in the company could even prove harmful depending on how resentful the employee is.

The commitment and obligation you refer to in this case is utter nonsense. Any decent employer in this case would appreciate the situation, take the 3 months hit and leave the employee to tend their garden and look for another job.
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Old 28.11.2014, 14:25
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Re: Expected to continue working after being fired

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Perhaps I'm old fashioned, but every time I have found myself obliged to work my notice period, I've continued to do my job to the best of my ability.
strange, the notice period is when i usually start working...
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Old 28.11.2014, 14:29
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Re: Expected to continue working after being fired

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I would work throughout for sake of integrity and professionalism. This should be rewarded with positive reference letter received afterwards. Don't burn your bridges behind you. You may still need to cross the river later after all these years.
All this bollocks about getting a good reference, has no one read the thread? The guy's been fired! They obviously don't like him or they wouldn't have fired him! He could work as hard as Donald Trump for his last 2 months and will still get a shitty reference.

If he was being made redundant or had found another job then the story would be different, but in this case there's nothing he can do.

Last edited by Loz1983; 28.11.2014 at 14:35. Reason: Wrong quote
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Old 28.11.2014, 14:36
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Re: Expected to continue working after being fired

You know what we say about assuming, right?

I see you're quite emotional about this topic but, no, thank you, I'm doing fine.

This fear of "neutral" recommendation letter is an incomprehensible topic for me and I see people being shackled to this letter topic like their lives depend on it.

As a matter of fact, my letter was actually a good one, as I did a good job, until the company asked me out.
It's common in my field of work and position to be on garden leave if such things happen. They didn't feel like it, fine.
But it's (to my mental standards) madness to believe that one will wet his shirt for a company who decided that you don't belong no more.

And to answer your so nicely put questions, I did find another, better job, and the good recommendation letter didn't have a so great impact actually.
Pragmatism won over sentiments, which is (thank God) still often the case in the business world.

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I don’t know how often you were looking for another job in Switzerland after, either an unusual garden leave, or a job termination where you did not really comply with your work tasks as requested during the notice period. But I assume you are currently in this not really nice situation. And, did you already find a new job? No?! Then I advice you to have another, more precise look at your recommendation letter! Does it read quite well?! But too neutral, eventually? Well … good luck, then!

Last edited by user0602; 28.11.2014 at 14:53.
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Old 28.11.2014, 14:58
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Re: Expected to continue working after being fired

The question here is not whether he has to work (he does), but whether they can insist that he do it at home (they can't, unless he normally works at home).

If they want you to work, they need to provide the office and computer (and anything else required, such as internet and electricity). If they insist that you do it from home, they will have to rent a part of your home and your equipment, and only with your permission.

Tom
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  #73  
Old 28.11.2014, 15:18
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Re: Expected to continue working after being fired

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Only problem is the notice period will never end, if your ill it does not count........
Could you support this information please?
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Old 28.11.2014, 15:42
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Re: Expected to continue working after being fired

You can read here (in all 3 languages).
http://www.seco.admin.ch/themen/0038...prungmarke1_44

"Si l'empêchement de travailler survient après la résiliation du contrat, le délai de résiliation est suspendu. Il continue à courir après que le travailleur a recouvré sa capacité de travail ou au terme du délai de protection maximal."

This one and the next paragraph give some explanations on a not so clearly written article of the Code du Travail
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Could you support this information please?
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Old 28.11.2014, 16:05
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Re: Expected to continue working after being fired

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You can read here (in all 3 languages).
http://www.seco.admin.ch/themen/0038...prungmarke1_44

"Si l'empêchement de travailler survient après la résiliation du contrat, le délai de résiliation est suspendu. Il continue à courir après que le travailleur a recouvré sa capacité de travail ou au terme du délai de protection maximal."

This one and the next paragraph give some explanations on a not so clearly written article of the Code du Travail
This rule is clearly loaded in favour of the the employee, and I suspect it was made to try and prevent sick workers becoming a problem for the state. What employer in their right mind would want to keep paying someone who's off with long term sickness, especially having just fired them? In theory, one could get fired, immediately get signed off sick for a year and then return to full fitness and still have work their notice.
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  #76  
Old 28.11.2014, 16:14
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Re: Expected to continue working after being fired

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This rule is clearly loaded in favour of the the employee, and I suspect it was made to try and prevent sick workers becoming a problem for the state. What employer in their right mind would want to keep paying someone who's off with long term sickness, especially having just fired them? In theory, one could get fired, immediately get signed off sick for a year and then return to full fitness and still have work their notice.
First off, no, the purpose of this is to protect employees who already are or become legitimately ill against unemployment, possibly unfair dismissal and (sudden) loss of income.

And secondly, also no, the protection period in case of illness does run out at any rate at some point. It is not the same as the continuiation of payment; you might well be made redundant or fired while sick, though it's only allowed after a certain period of time. Otherwise the termination is void and/or the effective end date of the contract will be postponed accordingly. Google Zürcher/Basler/Berner Skala.

Switzerland is notorious for not having many rules to protect workers' rights or rather workers have very few rights to begin with. It is beyond me how anyone can argue against the few rules that actually are in place.
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  #77  
Old 28.11.2014, 16:32
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Re: Expected to continue working after being fired

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First off, no, the purpose of this is to protect employees who already are or become legitimately ill against unemployment, possibly unfair dismissal and (sudden) loss of income.

And secondly, also no, the protection period in case of illness does run out at any rate at some point. It is not the same as the continuiation of payment; you might well be made redundant or fired while sick, though it's only allowed after a certain period of time. Otherwise the termination is void and/or the effective end date of the contract will be postponed accordingly. Google Zürcher/Basler/Berner Skala.

Switzerland is notorious for not having many rules to protect workers' rights or rather workers have very few rights to begin with. It is beyond me how anyone can argue against the few rules that actually are in place.
To protect employees? Or to prevent them becoming a burden on the state? That's what I love about Switzerland, many things are sold to us as being for our benefit, but the fact of the matter is that the Swiss are terrified of having to look after and pay for the public.

It's the same story with the Pillar 3a. Why do you think everyone (even school kids) get all the benefits rammed down their throats for saving in their third pillar? Yet as soon as you leave the country, you're allowed to take it with you?

At least it teaches people to take accountability for themselves, something the rest of Europe at least could learn from.
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Old 28.11.2014, 16:56
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Re: Expected to continue working after being fired

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In theory, one could get fired, immediately get signed off sick for a year and then return to full fitness and still have work their notice.
What unqualified nonsense.

a) If you are fired, you leave there and then, there is NO notice period.

b) I think you misunderstand the relationship between state, insurance company and employer, I think you should have a little read before contributing further.
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Old 28.11.2014, 17:02
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Re: Expected to continue working after being fired

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a) If you are fired, you leave there and then, there is NO notice period.
Of course there is.

In fact, it's for the same amount of time that one would have to give if they were to quit.

Tom
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Old 28.11.2014, 17:02
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Re: Expected to continue working after being fired

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What unqualified nonsense.

a) If you are fired, you leave there and then, there is NO notice period.

b) I think you misunderstand the relationship between state, insurance company and employer, I think you should have a little read before contributing further.
Perhaps it's you that needs to have another read, petal. The OP has been fired for no other reason than the employer doesn't like the cut of his jib (or so he says) and is being made to work his notice period.

Several posters have warned of the terrifying prospect of the OP being forced to see out his notice even if he gets signed off sick during the notice period, once he has been cleared to work again.
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