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Old 05.05.2015, 18:28
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Worsening of Working Conditions

Hoi Mitenand

Can anyone tell me what are the legal provisions regarding Worsening of Work Conditions and how can I legally deal with this issue?

It`s quite urgent

many thanks in advance
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Old 05.05.2015, 19:01
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Re: Worsening of Working Conditions

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what are the legal provisions regarding Worsening of Work Conditions
Obligationenrecht. https://www.admin.ch/opc/de/classifi...009/index.html

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how can I legally deal with this issue?
Contact a lawyer.

Use Google to find existing articles which match your situation, then extend by analogy.

It seems as if you might be looking for the term "Änderungskündigung"
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Old 05.05.2015, 19:05
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Re: Worsening of Working Conditions

How about the workers' union UNIA?

But what do you mean by worsening- it might, or might not be, legal. Some workers in my area have had to accept pay cuts and increased working hours to compensate for the CHF- or have big redundancies.
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Old 05.05.2015, 19:43
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Thanks Odile and daffy99, Odile it`s quite complicated and I`m also not sure it is a legal worsening.

Indeed it`s in the Obligationenrecht:

Art. 336
1 Notice of termination is unlawful where given by one party:
a. on account of an attribute pertaining to the person of the other party, unless such attribute relates to the employment relation- ship or substantially impairs or-operation within the business;
b. because the other party exercises a constitutional right, unless the exercise of such right breaches an obligation arising from the employment relationship or substantially impairs or- operation within the business;
d. During bankruptcy or composition proceedings
III. Protection from termination 1. Wrongful termination
a. General principle
b. Penalties
c. solely in order to prevent claims under the employment rela- tionship from accruing to the other party;
d. because the other party asserts claims under the employment relationship in good faith;
e.155 because the other party is performing Swiss compulsory mili- tary or civil defence service or Swiss alternative civilian ser- vice or a non-voluntary legal obligation.

Now does anyone know what`s the caselaw for this issue, and how does it work with RAV if you quit for conditions worsening

Last edited by 3Wishes; 05.05.2015 at 23:42. Reason: merging successive posts
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Old 05.05.2015, 19:48
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Re: Worsening of Working Conditions

As you have given no indication whatsoever of what your particular issue is, it will be difficult for anyone here to advise really.

Whis issue are you talking about specifically? 'Worsening' is pretty vague.
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Old 05.05.2015, 20:22
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Re: Worsening of Working Conditions

Thanks Odile, the issue is transferring me to a far away office without consulting the subject with me (as a result prolonging my commuting for more than an hour, while now it`s about half an hour) . I used to work in the far away office and my relations with the boss there aren`t good. The issue is a combination of not talking with me on the subject in advance, sending me to a remote office and the fact that my relations with the boss there are not good. The last issue is not a legal issue.
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Old 05.05.2015, 20:27
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Re: Worsening of Working Conditions

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Thanks Odile, the issue is transferring me to a far away office without consulting the subject with me. I used to work in the far away office and my relations with the boss there aren`t good. The issue is a combination of not talking with me on the subject in advance, sending me to a remote office and the fact that my relations with the boss there are not good. The last issue is not a legal issue.
They can move you to another office if they want, either party can give notice if they don't wish to continue the relationship, it's all very easy.

Be aware the RAV expects you to accept ANY job with unto 4 hours daily travelling, so by not accepting their offer in another office will likely prevent you getting any unemployment pay for a long time.
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Old 05.05.2015, 20:45
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Re: Worsening of Working Conditions

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They can move you to another office if they want, either party can give notice if they don't wish to continue the relationship, it's all very easy.

Be aware the RAV expects you to accept ANY job with unto 4 hours daily travelling, so by not accepting their offer in another office will likely prevent you getting any unemployment pay for a long time.
Where do get this information from? As far as I understand location change (4th time btw in 8 months) is a condition worsening.
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Old 05.05.2015, 20:48
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Re: Worsening of Working Conditions

In my current contract (and any I had before) there was a clause stating that I would work in xyz or wherever the company would ask me to work, it seems to be a standard clause.
With that the company can transfer you quite easily.
And as fatmanfilms wrote, the RAV will not consider the increased travel time a reason to resign without penalties.
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Old 05.05.2015, 20:59
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Re: Worsening of Working Conditions

Thanks, I still need a reference, in any case I don`t have this clause in my contract, and I`m not planing to resign.
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Old 05.05.2015, 21:01
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Re: Worsening of Working Conditions

As suggested, you might want to try consulting your case with the union.
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Old 05.05.2015, 21:03
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Re: Worsening of Working Conditions

Sounds like you're screwed...
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Old 05.05.2015, 21:15
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Re: Worsening of Working Conditions

You were already talking to lawyers in 2013 about another job, then onto RAV for a while, if I remember correctly. Is there a pattern there? But you should know by now how RAV works, and that having to move location within Switzerland would not be a valid reason to give up your job. So I'm afraid, you have little choice, sorry to say. But yes, go to Unia and see what they say- nothing to lose.
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Old 05.05.2015, 21:25
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Re: Worsening of Working Conditions

Go to the union, ask the worker´s council if your company has one or ask a lawyer.
Assuming that your company probably will have checked whether this move is legal, you need expert advice. Or challenge it and take the risk.
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Old 05.05.2015, 21:38
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Re: Worsening of Working Conditions

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the issue is transferring me to a far away office
Check your existing contract for the words "Einsatzort" and "Arbeitsort".

As far as the RAV is concerned, *you* would resign from a perfectly acceptable job, with all consequences that entails.
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Old 05.05.2015, 21:42
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Re: Worsening of Working Conditions

What reason did the company give you for this? I´d assume they spoke to you about this and did not just had you sign another contract?
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Old 05.05.2015, 21:43
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Re: Worsening of Working Conditions

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Thanks, I still need a reference, in any case I don`t have this clause in my contract, and I`m not planing to resign.
You did ask what the ramifications would be with the RAV if you quit (in one of your earlier posts).
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Old 05.05.2015, 22:44
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Re: Worsening of Working Conditions

If Arbeitsort is in your contract, a change would reqiure notification. Meaning the cancel your current congract honoring your notice period and then you can either accept the new contact or if not, the working relationship is terminated. So the most you can fight for is that youd dont have to move office during the period of your notice period (one to two months?).
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Old 05.05.2015, 22:57
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Re: Worsening of Working Conditions

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If Arbeitsort is in your contract, a change would reqiure notification. Meaning the cancel your current congract honoring your notice period and then you can either accept the new contact or if not, the working relationship is terminated.
Just as an aside, I recently encountered the situation where simply a new contract was sent which included wordage equivalent to: "This contract replaces any earlier contracts." (A side letter included a set of FAQ casually mentioning that if that new contract was not signed, the company *would* *really* *discuss* matters, with the (Änderungs)kündigung looming.

So an Änderungskündigung is not the only way to get, e.g., the Arbeitsort changed.

In the end, Switzerland is quite straightforward in all matters regarding employment: It's a contract. Contract can be cancelled by either party. That can be a good thing, or it can be a bad thing - it's all about context and perspective.
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Old 05.05.2015, 23:11
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Re: Worsening of Working Conditions

Of course! If the employee accepts the new contract there is no need for the more formal Anderungskundigung. Kein Kläger, kein Richter.

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Just as an aside, I recently encountered the situation where simply a new contract was sent which included wordage equivalent to: "This contract replaces any earlier contracts." (A side letter included a set of FAQ casually mentioning that if that new contract was not signed, the company *would* *really* *discuss* matters, with the (Änderungs)kündigung looming.

So an Änderungskündigung is not the only way to get, e.g., the Arbeitsort changed.

In the end, Switzerland is quite straightforward in all matters regarding employment: It's a contract. Contract can be cancelled by either party. That can be a good thing, or it can be a bad thing - it's all about context and perspective.
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