Go Back   English Forum Switzerland > Help & tips > Employment
Reply
 
Thread Tools Display Modes
  #1  
Old 19.05.2015, 12:57
BLP's Avatar
BLP BLP is offline
Forum Veteran
 
Join Date: Oct 2014
Location: Vaud
Posts: 674
Groaned at 16 Times in 11 Posts
Thanked 268 Times in 175 Posts
BLP is considered knowledgeableBLP is considered knowledgeableBLP is considered knowledgeable
Job offer but then hired some else?

I am asking for someone else. He was offered a job, contract etc. He emailed to see about a later start date due to having to move. No reply.

We'll get back to you is all he heard for a few weeks.

Now they hired someone else who can start on a date a month later than the start date they wanted him for. He wasn't even offered this start date.

A friend says he can demand something for his lost time and energy etc, is this true? Is this typical for a large swiss company?
Reply With Quote
  #2  
Old 19.05.2015, 12:58
mirfield's Avatar
Moddy McModface
 
Join Date: Apr 2007
Location: Basel
Posts: 8,184
Groaned at 50 Times in 44 Posts
Thanked 8,023 Times in 2,938 Posts
mirfield has a reputation beyond reputemirfield has a reputation beyond reputemirfield has a reputation beyond reputemirfield has a reputation beyond reputemirfield has a reputation beyond reputemirfield has a reputation beyond repute
Re: Job offer but then hired some else?

Did they sign a contract?

Were the changes to the contract (start date) accepted by the employer?
Reply With Quote
  #3  
Old 19.05.2015, 13:01
BLP's Avatar
BLP BLP is offline
Forum Veteran
 
Join Date: Oct 2014
Location: Vaud
Posts: 674
Groaned at 16 Times in 11 Posts
Thanked 268 Times in 175 Posts
BLP is considered knowledgeableBLP is considered knowledgeableBLP is considered knowledgeable
Re: Job offer but then hired some else?

Quote:
View Post
Did they sign a contract?

Were the changes to the contract (start date) accepted by the employer?

the contract was sent to him by email, they said they sent one by post, they never did. They needed a copy signed in person.

He asked about a different start date and the answer was they would check, but then they never gave an answer. It seems they where waiting for the other guy to accept.
Reply With Quote
This user would like to thank BLP for this useful post:
  #4  
Old 19.05.2015, 13:20
mirfield's Avatar
Moddy McModface
 
Join Date: Apr 2007
Location: Basel
Posts: 8,184
Groaned at 50 Times in 44 Posts
Thanked 8,023 Times in 2,938 Posts
mirfield has a reputation beyond reputemirfield has a reputation beyond reputemirfield has a reputation beyond reputemirfield has a reputation beyond reputemirfield has a reputation beyond reputemirfield has a reputation beyond repute
Re: Job offer but then hired some else?

I don't think the offer is binding until both sides have agreed and signed a contract. Maybe the comany thought your friend was messing them about - I guess they're in a much stronger position to be arsey in the current job market.

I think that it's a case of bad manners from them, rather than them doing anything they'd have to compensate.
Reply With Quote
  #5  
Old 19.05.2015, 13:22
BLP's Avatar
BLP BLP is offline
Forum Veteran
 
Join Date: Oct 2014
Location: Vaud
Posts: 674
Groaned at 16 Times in 11 Posts
Thanked 268 Times in 175 Posts
BLP is considered knowledgeableBLP is considered knowledgeableBLP is considered knowledgeable
Re: Job offer but then hired some else?

Quote:
View Post
I don't think the offer is binding until both sides have agreed and signed a contract. Maybe the comany thought your friend was messing them about - I guess they're in a much stronger position to be arsey in the current job market.

I think that it's a case of bad manners from them, rather than them doing anything they'd have to compensate.

Well it would have been nice for them not to have strung him along for so long as he was trying to get things in order to move there and stopped looking. They had "welcomed him on board" by email and such
Reply With Quote
  #6  
Old 19.05.2015, 13:26
mirfield's Avatar
Moddy McModface
 
Join Date: Apr 2007
Location: Basel
Posts: 8,184
Groaned at 50 Times in 44 Posts
Thanked 8,023 Times in 2,938 Posts
mirfield has a reputation beyond reputemirfield has a reputation beyond reputemirfield has a reputation beyond reputemirfield has a reputation beyond reputemirfield has a reputation beyond reputemirfield has a reputation beyond repute
Re: Job offer but then hired some else?

Quote:
View Post
Well it would have been nice for them not to have strung him along for so long as he was trying to get things in order to move there and stopped looking. They had "welcomed him on board" by email and such
I agree. Companies these days often seem to treat job applicants rather badly. There's probably a small admin cost to good manners, but it would help their professional reputation to be courteous.
Reply With Quote
The following 2 users would like to thank mirfield for this useful post:
  #7  
Old 19.05.2015, 22:49
Forum Legend
 
Join Date: May 2010
Location: north
Posts: 6,134
Groaned at 226 Times in 146 Posts
Thanked 5,094 Times in 2,632 Posts
rob1 has a reputation beyond reputerob1 has a reputation beyond reputerob1 has a reputation beyond reputerob1 has a reputation beyond reputerob1 has a reputation beyond reputerob1 has a reputation beyond repute
Re: Job offer but then hired some else?

Quote:
View Post
I agree. Companies these days often seem to treat job applicants rather badly. There's probably a small admin cost to good manners, but it would help their professional reputation to be courteous.
I know of 1 major swiss employer who's HR dept is totally disorganised and literally would have difficulty organising a piss up in the brewery, so disorganised that potential employees have withdrawn applications and refused job offers.
Reply With Quote
The following 2 users would like to thank rob1 for this useful post:
  #8  
Old 20.05.2015, 11:15
Newbie
 
Join Date: May 2015
Location: Zurich
Posts: 9
Groaned at 0 Times in 0 Posts
Thanked 3 Times in 2 Posts
PeSpring has no particular reputation at present
Re: Job offer but then hired some else?

Until the ageement is not signed by both parties, the agreement has no legal bindingeffect for the parties. Hence, your friend does not have any claimarising from this contract against the company.
Howeverthere is a concept under Swiss civil law (not regulated by statutory law)called culpa in contrahendo (see http://en.wikipedia.org/wiki/Culpa_in_contrahendofor further information). Basically, the parties have to respect the followingpre-contractual duties:
-To negotiate seriously
-Not to mislead business partners
-To inform business partners about important circumstances which could influenceits decision to sign the contract
If theparties do not comply with these pre-contractual duties, the partiesmay be entitled to claim for damages. However, this is very difficultto prove and the chance to be successful with such a claim for damages isvery little. (at the end it is probably even moreexpensive, if you also consider the costs for legal assistanceand the court costs).
hope this helps.

Reply With Quote
The following 2 users would like to thank PeSpring for this useful post:
  #9  
Old 20.05.2015, 11:28
newtoswitz's Avatar
Forum Veteran
 
Join Date: Jan 2010
Location: Rapperswil
Posts: 1,158
Groaned at 15 Times in 13 Posts
Thanked 1,310 Times in 596 Posts
newtoswitz has a reputation beyond reputenewtoswitz has a reputation beyond reputenewtoswitz has a reputation beyond reputenewtoswitz has a reputation beyond repute
Re: Job offer but then hired some else?

I'm not a lawyer, but if I were the company I would argue that by asking about a later start date he effectively rejected the offered contract.

So completely agree the company handled it badly, but I don't think he has any legal contract.

I also don't think he could claim any damages - negotiations didn't complete, there was another candidate, this is very common in finding a job.

Handling recruitment badly is fairly common and certainly not Swiss specific, particularly in big companies there are just too many people involved and rules to follow which are often contradictory.
Reply With Quote
This user would like to thank newtoswitz for this useful post:
  #10  
Old 20.05.2015, 11:59
Member
 
Join Date: Jun 2014
Location: Basel
Posts: 112
Groaned at 1 Time in 1 Post
Thanked 35 Times in 25 Posts
dbucar has made some interesting contributions
Re: Job offer but then hired some else?

Well the starting date should be discussed before finalizing the written contract, no?
Because it's usually noted when does the employment start.

Did he first agree to what they mentioned and then changed his mind?
Reply With Quote
This user would like to thank dbucar for this useful post:
  #11  
Old 20.05.2015, 12:13
BLP's Avatar
BLP BLP is offline
Forum Veteran
 
Join Date: Oct 2014
Location: Vaud
Posts: 674
Groaned at 16 Times in 11 Posts
Thanked 268 Times in 175 Posts
BLP is considered knowledgeableBLP is considered knowledgeableBLP is considered knowledgeable
Re: Job offer but then hired some else?

Quote:
View Post
Well the starting date should be discussed before finalizing the written contract, no?
Because it's usually noted when does the employment start.

Did he first agree to what they mentioned and then changed his mind?

they knew he had to move and family commitments before the contract and offer.

He asked the question, the answer could have been no we can not change it. But they where willing to do a 1 month later start date for the other person. When the other person said mid june he was not asked if HE could do mid-june. So he was strung along. I assume the other was was cheap. Their first offer was crazy low money

So maybe it's all just wrong but nothing he can do.
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Offer from Orange. Anyone else? PaddyG TV/internet/telephone 4 06.08.2012 13:09
Move to Switzerland then look for a job or looking for a job then move? fromyan Employment 9 16.05.2011 21:54
Got an offer, but still waiting for another company's offer. ycnan Employment 12 20.08.2010 22:16
Qualified but no job? then Sue! Louis Wu International affairs/politics 16 05.08.2009 08:38


All times are GMT +2. The time now is 13:40.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2016, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0