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Old 07.06.2015, 16:26
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Legal help [Unpaid/Incorrect Salary]

Hi all,

My boyfriend stop to work bc his former boos send all the workers home saying that he has no more work for them.
The problem is that he didn't pay the last salary and two weeks more, around 5000 Fr.
Last week we went to the "Arbeitgericht" and they advice us to go on with a legal process. They told us to apply to the "Friedensrichteramt", explaining the problem and asking for this money. The "Arbeitgericht" office also detect that the former boss was paying him less money than what he should received by the law and he was calculating the "13 Monathlohn" in a wrong way. So in the end the former boss owe him more money than just the last month....

So now we have to calculate since the beginning of his work (in this company) the right amount of money that the former boss should give to him and then send the forme to the "Friedensrichteramt" hopefully they will solve this problem.

The problem is that we are not sure how to make this calculations and of course that we want to ask for the right amount of money, otherwise if we go to court and then we make any mistake we probably would have to pay something.....

Somebody here around who can help us?

Thank you
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  #2  
Old 07.06.2015, 17:03
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Re: Legal help [Unpaid/Incorrect Salary]

Is he unemployed now? Then he should get himself down to the RAV asap. Not only to ensure he isn't docked any benefits, but I believe the Arbeitslosenkasse will pay salary unpaid by the last employer (and then go after it themselves) but if you claim within 4 months
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  #3  
Old 08.06.2015, 10:49
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Re: Legal help [Unpaid/Incorrect Salary]

Thank you for the answer.

He is working in a new company.
I also hope that he receive the money!!
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Old 08.06.2015, 11:39
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Re: Legal help [Unpaid/Incorrect Salary]

Important, also get a AHV extract from the your Ausgleichskasse and check if the AHV was paid!

If he works in Zurich this might be the right link.
https://www.svazurich.ch/kontoauszug
otherwise you can check here which one is the most recent one:
https://inforegister.zas.admin.ch/In...Accueil_de.jsp

In the Bemerkung box write: Bitte Gesamtauszug mit allen Konten von allen Ausgleichskasse erstellen.
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Old 08.06.2015, 11:43
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Re: Legal help [Unpaid/Incorrect Salary]

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Important, also get a AHV extract from the your Ausgleichskasse and check if the AHV was paid!

If he works in Zurich this might be the right link.
https://www.svazurich.ch/kontoauszug
otherwise you can check here which one is the most recent one:
https://inforegister.zas.admin.ch/In...Accueil_de.jsp

In the Bemerkung box write: Bitte Gesamtauszug mit allen Konten von allen Ausgleichskasse erstellen.
AHV is generally about 9 months or more behind if you do a search. Pension fund contributions are hopefully more unto date but I would not rely on it.
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Old 08.06.2015, 16:06
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Re: Legal help [Unpaid/Incorrect Salary]

No-one here will be able to assist you with this matter without you giving them all the salary payment slips, the contract, the amounts credited to your account etc. As this is not information you should post on a public forum, I adivse you to go speak to a lawyer who can then calculate the sum correctly and accurately for you.

If you do not submit the accurate claim to the Friedensrichter you cannot later claim more money as once the matter is ruled or settled.

Furthermore, due to the AHV issue mentioned above by another poster it is advisable to ensure you have an appropriate clause allowing you to submit a further claim at a later date in the event that you have not been paid the full AHV and Pension fund contributions. A lawyer will be best able to ensure you have the necessary legal wording.
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Old 08.06.2015, 16:21
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Re: Legal help [Unpaid/Incorrect Salary]

Thank you very much.

That's the point I know that we need somebody who is able to do everything correct.

I am a bit afraid to go to a lwayer because I know that is expensive and the money that we claim is about 8000 Fr. So I don't know if in the end worth to pay a lawer and go on with this...
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Old 08.06.2015, 16:30
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Re: Legal help [Unpaid/Incorrect Salary]

Well, depending where you go, you can expect an hourly rate of 250.- to 500.- (and above).

I assume you have no legal insurance so.. I'd guestimate depending on how much you want your lawyer to do for you (i.e. just calculate the owed sum and prepare the legal documents for the Friedensrichter without representing you there, or attending, or first contacting the former employer etc etc) you can expect anywhere from 5 hours upwards of work. This is just a guess. Please don't take it as a guaranteed amount of time required.

The alternative is that you do it yourself. While it may not be as accurate as a lawyer or specialist might calculate, you may save money due to the lack of legal fees and still be able to claim a fair amount.

The Friedensrichter is just the justice of the peace. If you cannot reach an agreement you are issued with the right to go to court. So, if you really feel uncomfortable you can simply not sign anything at the Friedensrichter unless the other party are agreeing exactly to your terms. Then when you proceed to court, get an attorney and they will make all the calculations etc and you can proceed to the courts. This will then undoubtedly result in many many billable hours for the attorney..

It's a decision you have to make yourself, what you wish to invest in, or how much the hassel is worth to you.
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Old 08.06.2015, 16:33
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Re: Legal help [Unpaid/Incorrect Salary]

Ask the lawyer how much it will cost. If you spend 800CHF to recover 8000CHF, then that might be money well spent.

However, I wouldn't ask a lawyer. I'd ask an accountant, and choose one who knows how to do payroll.
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Old 08.06.2015, 17:11
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Re: Legal help [Unpaid/Incorrect Salary]

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Ask the lawyer how much it will cost. If you spend 800CHF to recover 8000CHF, then that might be money well spent.

However, I wouldn't ask a lawyer. I'd ask an accountant, and choose one who knows how to do payroll.
Unfortunately, it is rare that a lawyer or attorney will work for a fixed amount but usually on an hourly basis.. Having said that, I agree. The problem is the Court and Justice of the Peace fees. If you win outright then the loosing party pay the court fees and even part of your legal fees. If you end up settling you usually pay 50/50 of the court fees and each party pays their own lawyers...

I would agree that the basic calculation can be done just as well (if not better) by an accountant. However, ensuring the necessary legal wording to allow for later claims of unpaid AHV and looking out for any such pitfalls is out of the scope of an accountants abilities (IMHO).

Depending on the financial situation of the OP's boyfriend I'd say spending 2k to recover 8k, leaving you 6k up is still pretty good really..

OP: If you went to the free legal counsel hours at the Arbeitsgericht, did they not run the calculation for you? Or at least explain it to you in sufficient detail that you could do it yourself?
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Old 08.06.2015, 18:00
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Re: Legal help [Unpaid/Incorrect Salary]

At the Arbeitsgericht they just told +- how to do it. They told me that they were not allowed to right nothing...

My problem is that we don't have any example. I am a PhD student so I earn always the same and they don't pay holidays neither 13 Month.

But you may help...
So what I did to calculate was (example):

Studenlohn-> 168h*20.48Fr= 3440.64
Ferienentschädigung->8.333%*3440.64=286.70 (considering 4 weeks of holidays)
Feiertagsentschädigung->3.50%*3440.64=120.42
Anteil 13. Monatslohn-> 8.333%*3440.64=286.70

BRUTTO=4134.46

From the BRUTTO I have to remove the taxes (AHV, ALV, NBU, Krakentagged, Pensionskasse, PKT and Quellensteuer) respectively 5.15%, 1.10%, 2.4%, 0.85%, ?, ?, ?. The three last, Pensionskasse, PKT and Quellensteuer I don't know which is the % because in each salary payment paper there is a diferent %, I guess that depends on the brutto... Whithout this % I cannot finish the calculations....

Does somebody knows how this work?
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Old 08.06.2015, 18:06
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Re: Legal help [Unpaid/Incorrect Salary]

Maybe the Unia (Workers Union) will help?

http://zuerich-schaffhausen.unia.ch/...da/ruf-uns-an/
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Old 11.06.2015, 12:42
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Re: Legal help [Unpaid/Incorrect Salary]

Thank you everyone.

I went to the Gemeinde and a very nice person help me to understand everything and also clarified every single doubt!!
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