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Old 05.10.2015, 16:35
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Re: Need legal help for unpaid salary

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1) Why did you put your location in as UK then?
2) Asia isn't a country
3) What deductions do Employers have to make in your country?

People are willing to help on here but there needs to be clarity on the contract you signed and where that leaves you.

You may also have to decide how far you want to push this. If you can issue a betreibung it is cheap - but if they still don't pay and you wish to enforce it upfront legal fees + court deposit will easily amount to 5k chf - which you may not get back even if you do win.
This is a public forum, and bearing in mind that my situation with my 'ex-employer' could potentially turn nasty, I'm trying to strike a balance between revealing too many specific details on my background and yet providing as much clarity to the situation as possible (obviously I've been doing a crap job of it to get so much pushback from you guys). So yes, I was deliberately being a bit vague as to where I am currently based.

To your question, in HK it appears to be much simpler than Switzerland. There are no employer deductions apart from a 5% Mandatory Provident Fund. Income taxes are paid by the employee.

Do winding up petitions exist in Swiss law?
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  #22  
Old 05.10.2015, 16:40
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Re: Need legal help for unpaid salary

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I guess the bottom line is: What does your contract say?

I used to live in Asia, have a contract with an Asian company and I know full well if I can use Swiss or Singaporean law for my contract when things to wrong... cause it is written in there. (?)

What does yours say:
- Switzerland: do the Betreibung.
- HK: Probably the labour tribunal?
Thanks Treverus. My contract was directly with the Swiss company. I'll need to check whether the HK labour tribunal has jurisdiction in such cases. Otherwise, it looks like it's the Betreibung.

Thanks for all your responses on this matter. Much appreciated
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  #23  
Old 05.10.2015, 16:41
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Re: Need legal help for unpaid salary

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Why the hell should I be making employee contributions in Switzerland?
To answer your somewhat rhetorical question, if you had decided to pay employer contributions in Switzerland then you would not have been in this situation.

Obviously you made few or no background checks on the company ordering the work, and you now find yourself unpaid.

You are debtor like any other 3rd tier debtor, company owes you money for a service. It sounds highly unlikely you'll get anything, based on the scant evidence you have given
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Old 05.10.2015, 16:42
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Re: Need legal help for unpaid salary

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This is a public forum, and bearing in mind that my situation with my 'ex-employer' could potentially turn nasty, I'm trying to strike a balance between revealing too many specific details on my background and yet providing as much clarity to the situation as possible (obviously I've been doing a crap job of it to get so much pushback from you guys). So yes, I was deliberately being a bit vague as to where I am currently based.

To your question, in HK it appears to be much simpler than Switzerland. There are no employer deductions apart from a 5% Mandatory Provident Fund. Income taxes are paid by the employee.

Do winding up petitions exist in Swiss law?
As per Teverus's post - what does the contract state? It usually will say under which law it fall in terms of dispute - if that is Swiss law and you haven't been paid they you'll have to do exactly what we have already advised you half a dozen times to do.
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Old 05.10.2015, 16:55
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Re: Need legal help for unpaid salary

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To answer your somewhat rhetorical question, if you had decided to pay employer contributions in Switzerland then you would not have been in this situation.

Obviously you made few or no background checks on the company ordering the work, and you now find yourself unpaid.

You are debtor like any other 3rd tier debtor, company owes you money for a service. It sounds highly unlikely you'll get anything, based on the scant evidence you have given
Yes. Sadly, the main shareholder of this company is someone I've known for a long time, so I didn't go through usual due diligence. Based on comments here, it seems the 'independent contractor' offer should've been a major red flag.

Really crap situation as it's not just me who is owed money. There are a few people in this that have been hurt.

Well, not going to beat this to death any further. Thanks everyone for all the feedback.
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