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Old 27.08.2015, 13:13
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3 month notice period - what happens if leaving early

Hi everyone,

I've been reading a bit in the forum about notice period, but everybody has diferent cases (being fired, quitting, etc.)
I would like to know what happens legally if I quit my job in switzerland and don't want to stay the full 3 months of notice period, and want to leave earlier.
For what I read in the forum, you have to take all your remaining vacation at the end of the 3 months, therefore reducing the period. However, let's say that I have no vacation or that I must leave much sooner (2 or 3 weeks after quitting). What would happen then?
My idea would be to agree with the company to leave earlier, and just be payed until the moment I stay. However, let's say they don't want that, what would be the legal repercusions?

thanks a lot
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Old 27.08.2015, 13:48
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Re: 3 month notice period - what happens if leaving early

In theory they could sue you for breach of contract; this is unlikely unless you are going to a competitor with sensitive knowledge.

In practice they could:

* give you a poor reference (this is one of the few cases where they can get away with it)

* complain to your new company that you are still contracted to them

* notify the authorities you are breaching your employment contract, which may have residence implications depending on your status

* not pay your last salary (as you've voided the contract)

It depends so much on your job, how relevant reputation is, and who your currently employer is.
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Old 27.08.2015, 14:07
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Re: 3 month notice period - what happens if leaving early

If it's a reasonable company they would make an agreement with you, after all they will save 2 salaries and you will be freed 2 months earlier to do what you want.

If there's any suspicion your company might hurt you during this process, don't even try it. Switzerland is still quite behind in labor laws and could become a problem for you.

You need a good 'work certificate' from them at the end so make sure you don't affect what goes in it.
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Old 27.08.2015, 14:16
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Re: 3 month notice period - what happens if leaving early

In the worst case they may have to hire an external temp which does your work. You would be liable for the difference between your salary (which you will not get) and the cost for the temp. A guess is 4 monthly salaries (Temp costs 3 times as much as you).
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Old 27.08.2015, 15:16
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Re: 3 month notice period - what happens if leaving early

"Failure to take up post and departure without just cause" is regulated in Art. 337d Swiss Code of Obligations. Have a look:
https://www.admin.ch/opc/en/classifi...dex.html#a337d
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Old 27.08.2015, 16:27
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Re: 3 month notice period - what happens if leaving early

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If it's a reasonable company they would make an agreement with you, after all they will save 2 salaries and you will be freed 2 months earlier to do what you want.
Until you know what he does, difficult to comment. If the job is not critical, then saving salary doesn't really come into it, you need another person to do the job.

If he's dealing with sensitive info, then maybe there is a saving
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Old 28.08.2015, 02:36
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Re: 3 month notice period - what happens if leaving early

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In the worst case they may have to hire an external temp which does your work. You would be liable for the difference between your salary (which you will not get) and the cost for the temp. A guess is 4 monthly salaries (Temp costs 3 times as much as you).
I was going to mention that! Is there a possibility that the OP would actually owe money to the company if he/she leaves early?
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Old 28.08.2015, 09:02
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Re: 3 month notice period - what happens if leaving early

Hi guys, thanks for all the info, it's been very useful
regarding newtoswitz's implications, i think that the only one really affecting me would be the last one (not being payed last salary), since my idea is to leave the country (i didn't mention this detail in the first post). therefore it's not **that** important to have a good reference letter or being able to maintain the residence permit
in any case I think that the best is to get into good terms to avoid this bad situation, which can in the end hurt me somehow.
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Old 03.09.2015, 00:56
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Re: 3 month notice period - what happens if leaving early

Hi,
I work as a lawyer, some parts of the first friendly answer were pretty good:

In theory they could sue you for breach of contract; this is unlikely unless you are going to a competitor with sensitive knowledge.

In practice they could:

* give you a poor reference (this is one of the few cases where they can get away with it)

* not pay your last salary (as you've voided the contract).

Actually, you would have breached the contract, not voided it. Basically you have a contract where, besides other stuff, you agree to do some work and they agree to pay you. Now, when you leave earlier than allowed by the agreed contract, you are not fulfilling the contract, so they could go after you to fulfill it, and also give you a poor reference letter (which is pretty poisonous if you stay in Switzerland). In summary, this is a pretty bad idea. Just turn up and go through the motions of working - that is a much better idea.

Good luck !
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