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Old 11.06.2015, 22:49
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Assignment contract terminated and medical emergency

Hi All,

Urgently need your help!!

I am an expat working for a swiss client through an MNC(my employer) on L-Permit
I had an initial contract of 1 year assignment.
However my contract was abruptly terminated with immediate effect without giving any proper justification.

It has been 10 months that I have been working on this assignment.
The clients never complained about my work.
But now after 10 months I was told by my employers that the clients were not happy with my work and so they are terminating my assignment and i need to go back to my home country.

The employer have forced me to avail all my leaves which would be a period of 1 month.

So the notice period that they have given me is actually the period of my vacation leaves.

As per my understanding in case of early termination of my assignment I should be given a notice period of 1 month and then allowed to take?encash my leaves.

Please note that it is mentioned in my contract that there could be changes in my assignment duration but no conditions regarding the benefits or other things i would be eligible for in such case.

It would be really helpful if someone can please let me know my rights, eligible compensation or other benefits that would be applicable as per swiss law.

Thanks to all the suggestions and help in advance.
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  #2  
Old 11.06.2015, 23:04
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Re: Assignment contract terminated

Your employer is not to terminate your contract with immediate effect without a very good reason.
What was the reason for termination?

See also here (sorry, in German): http://www.seco.admin.ch/themen/0038...04687/?lang=de
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Old 11.06.2015, 23:31
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Re: Assignment contract terminated

You have very little rights in Switzerland, sorry.
You will have to return to your home country.
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Old 12.06.2015, 00:51
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The reason they stated is that the Client is not happy with my work.
Though they have no such details to provide me. Nothing went wrong in this period of 10 months and infact have received various appreciation for my work from client

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Your employer is not to terminate your contract with immediate effect without a very good reason.
What was the reason for termination?

See also here (sorry, in German): http://www.seco.admin.ch/themen/0038...04687/?lang=de
Please let me know does the clause of 1 month notice applies for expats working on L-Permit for a temporary fixed duration assignment(In mY case this period is 1 year)
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Your employer is not to terminate your contract with immediate effect without a very good reason.
What was the reason for termination?

See also here (sorry, in German): http://www.seco.admin.ch/themen/0038...04687/?lang=de

Last edited by 3Wishes; 12.06.2015 at 17:13. Reason: merging consecutive replies
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Old 12.06.2015, 01:41
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Re: Assignment contract terminated

Please note that my employment with my base company is not terminated.
Its just my assignment with the client.
I would still be employed with my current employers in my home country.
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Old 12.06.2015, 08:13
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Re: Assignment contract terminated

No, you're unlikely to have much recourse. As I read your post, you were not terminated with immediate effect; you are serving out your notice period in that your vacation is being spent on it. That's a legitimate action from the employer; they can make you take your vacation during the notice period. The only requirement is that you keep getting paid during that notice period.

The employer doesn't need any reason to fire you in that way, just as you don't need any reason to quit and are within your rights as long as you respect the contractually agreed requirements (such as notice period).
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Old 12.06.2015, 08:18
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Re: Assignment contract terminated

why does it seem we have two different OPs on this thread or am I missing the point.

Anyway, the OP (whichever one) has not had his employment terminated, his employer has been told that either the engagement is over or they want a different resource.

So the options are
a) the MNC (HP?) reallocates the OP(s) to a new client in Switzerland
b) the OP(s) have to relocate to the next client engagement

If there is any issue, it would be a B2B contract breach which will surely be locked down with change and termination clauses. But the OP(s) has or have no recourse here.
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Old 12.06.2015, 09:13
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Re: Assignment contract terminated

Thanks for that info. My employers are not allowing me to go on official leave during this period. The want me to complete all the formalities of departure. Also i have to cancel my house lease and many other formalities.
Please let me know how can i consider this as a notice period of 1 month or a vacation leave when i am expected to work.

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No, you're unlikely to have much recourse. As I read your post, you were not terminated with immediate effect; you are serving out your notice period in that your vacation is being spent on it. That's a legitimate action from the employer; they can make you take your vacation during the notice period. The only requirement is that you keep getting paid during that notice period.

The employer doesn't need any reason to fire you in that way, just as you don't need any reason to quit and are within your rights as long as you respect the contractually agreed requirements (such as notice period).
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Old 12.06.2015, 09:14
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Re: Assignment contract terminated

Admins: case of person using 2 accounts?

As others mentioned it is simple in Switzerland. As long as the company adheres to the notice period you can be let go.
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Old 12.06.2015, 09:59
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Re: Assignment contract terminated

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Thanks for that info. My employers are not allowing me to go on official leave during this period. The want me to complete all the formalities of departure. Also i have to cancel my house lease and many other formalities.
Please let me know how can i consider this as a notice period of 1 month or a vacation leave when i am expected to work.
Well, you win points for vagueness, I guess. If they are telling you to do work for the company, it's not vacation. If you're doing stuff for yourself (eg canceling your rental agreement) then it's not work.
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Old 08.07.2015, 13:42
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Medical Emergency

Hi All,

Need an urgent advice.

I was in switzerland for an year contract. However my assignment was terminated in 11 months with no proper reason by giving me one months notice.

I have met with an accident during this period and on medical leave due to which i am not in any condition to fly back to my country.

My company however says that i will not be eligible for swiss payroll or medical leaves during this period.

As per my understanding if i have met with an accident during the contract period, i will be on swiss payroll and covered under swiss medical insurance till the time i am in position to fly back.

Please advice me if my swiss payroll would continue in this case or not, and what legal rights do I have as per swiss employment law.

Please suggest if there is any legal department that can give me advice with respect to my employment rights.
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Old 08.07.2015, 14:05
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Re: Assignment contract terminated and medical emergency

You are covered by your employers accident insurance for a month after your contract ends. This insurance pays for your medical costs and your loss of earnings/salary. If your permit expires and you can not leave Switzerland, then you can get it extended on medical grounds.
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Old 08.07.2015, 14:11
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Re: Assignment contract terminated and medical emergency

Hi,

Thanks for the info.
I would like to clarify some points here

I met with the accident while my contract is still valid with the company and the client here.
I have a valid work permit for more than a month as of date.

Please suggest under this case what applies.

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You are covered by your employers accident insurance for a month after your contract ends. This insurance pays for your medical costs and your loss of earnings/salary. If your permit expires and you can not leave Switzerland, then you can get it extended on medical grounds.
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Old 08.07.2015, 14:52
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Re: Assignment contract terminated and medical emergency

OP, you are using 2 accounts? I find this confusing as sometimes you use one account and then another?
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Old 08.07.2015, 15:41
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Re: Assignment contract terminated and medical emergency

I am sorry, the reply was sent from my friends laptop on which he was logged in.
Can someone please let em know of the legal advice that i can get in this case.

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OP, you are using 2 accounts? I find this confusing as sometimes you use one account and then another?
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Old 08.07.2015, 15:58
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Re: Assignment contract terminated and medical emergency

Why do you need legal advice?

If your accident happened within a month of you finishing getting paid by your employer (a month after your notice period) then you are covered. If it was after this period you should have arranged your own accident insurance.

If it is in the time frame of being on your employers insurance, ring them and they will sort the process out for you.
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Old 08.07.2015, 18:31
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Re: Assignment contract terminated and medical emergency

The accident is in the time frame of my employment.
I checked with my employer, but they are telling that the policy of my home country would be applicable after the last date of my employment here.

My question is can my Swiss benefits be lapsed till i recover if i have met with an accident during the tenure of my assignment.

Any advice on this would be helpful.



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Why do you need legal advice?

If your accident happened within a month of you finishing getting paid by your employer (a month after your notice period) then you are covered. If it was after this period you should have arranged your own accident insurance.

If it is in the time frame of being on your employers insurance, ring them and they will sort the process out for you.
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Old 09.07.2015, 08:38
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Re: Assignment contract terminated and medical emergency

You would need to contact the insurance to find out.

Depending on what the accident is and whether they consider that you are recovered enough to fly will be what makes the decision. It is possible that the insurance will request for you to see one of their affiliate doctors.

All medical fees should however be covered by the insurance company as I understand that you were still employed (or 30 days after) at the time of your accident.

Also, if you were officially terminated before your accident, you are not entitled to stay on Swiss payroll but will receive all the medical care you require.

Last edited by Arteemis; 09.07.2015 at 08:40. Reason: completeness of answer
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Old 09.07.2015, 09:47
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Re: Assignment contract terminated and medical emergency

Your question coveres two contracts. One is your accident insurance, see Arteemis above. The other is your employment contract, see below.

Every employment contract can be terminated effective immediately, but only for due cause. For instance, the employee beats up his supervisor, or steals from the employer, etc.

With that said, employment contracts with clearly limited duration by default can't be canceled before they expire. This can be overridden by the contract itself, check what it says. However, any such clause must give equal right to both parties (except for a test period, which must not cover more than the first three months).

If the employer terminates the contract before it has run out, and without the contract allowing him to, he owes the full amount (plus damages, if applicable) he would have had to pay had the contract run the full time.

I think you want to contact the Arbeitsamt in Zürich for reliable info, and also advice on how to proceed further. I think your next steps should be to
1) send a registered letter to your employer saying you regret the termination and are ready to fulfill your contractual duties
2) call the Arbeitsgericht to force him pay
but that's just me layman, the people from the Arbeitsamt will know for sure.

You want to hurry, I'm sure there are time limits involved.
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