Hi there,

I have given notice to my employer about leaving my current job.
My current notice period is 3 months unless agreed by both parties for an earlier departure, which doesn't seem the case.
I am ok working for 2 months notice, etc but since no agreement si reached I wonder what my rights are.
I called HR and asked them what would happen if I can't honour my notice period, though they didn't know.

Anyone has any info? I understand I signed a contract, but also there must be a way out of it?

Thanks

If the employer doesn't cooperate, that way could lead to court and cost lots of money.

Can you give him a reason to let you go sooner?

I have given them reason that I am leaving because I am really getting depressed in Switzerland and staying here for 3 months longer is not going to make me much happier.

I still don't have any date of when it's my last day just assuming being Oct 31!!

Do I have to be productive during these 3 months?

do you have outstanding vacation allowance remaining? Whilst you cannot 100% decide when you'll use it, you are entitled to use it before you leave if you so wish.

I guess they just don't pay you the 3 full months.?!.... I really don't know what happens...

Depends if you want to get paid or not !!!

If your contract says 3 months then that's it basically unless your employer agrees to reduce this. What about Holiday?? You can use your remaining Holiday to cut this shorter normally.

yeah only 7 days of annual leave which will cut the ordeal up to Oct 22nd

no one seems to know what would happen, I have only worked in the job for 5 months and my notice period is 3...

My enthusiasm of working is down the drain and my productivity too cause I am really homesick and want to go home... the contract doesn't tell me what happens if I opt out!!

well best case is that you kiss goodbye to reference and some income.

Worst case has been hinted above.

You've obviously unhappy - keep on telling your boss this.

So why the long face Maxje?

I'm considering coming to Lausanne in coming months - so any words of advice (other than referring me to the always perplexing "what I love/hate about CH" forums!)

hi all,
still on this thread... I have another question.
I have asked HR over a week ago what would happen if I couldn't honour my notice period and what the penalty would be but no one is answering me.
I checked all policies and Personnel regulation but again, it doesn't says it anywhere and this information was not available when I signed the contract either. I knew about the 3 months but no info on how to opt out.

Shouldn't be my right to know at the time I sign the contract?

short answer: no
long answer: you expect a full package of what might happen if you breach terms and conditions when you start? Errrrrr

I bet you emailed HR. Call them. They'll love that for a Friday afternoon.

You have only been in the job 5 months and there is a 3 month notice period? That seems awfully long. I thought it normallly changed with the amount of years service in Switzerland, 1 year = 1 month etc. I know in other European countries 3 months in normal regardless of grade.
How long was your probabtion period?

My sister had do 3 months notice when she was trying to leave the last country its hard i know. I can only recommend keep trying to negociate.

Maybe they can get a replacement sooner and then they will let you go but i know some employees won't budge and keep you to the contract.

Good luck

Thanks Lob...
I have called them, emailed them, met face to face but was told it's not a priority for them to find out.
Well the contract is pretty clear on what I need to do to end my employment but there's no documentation available on what happens if these conditions can't be met for whichever reason.
I believe if I sign a contract I should know what my responsibility will be in case of breach so that I know where I stand and can make an informed decision.
Should I bring them a medical certificate stating that I am in a depressive state due to the situation and hence unable to resume work?

You could get a medical certificate.

If you do this, you DO NOT need to disclose the medical condition to your employer.

In the end really depends if you need to have a good reference from this company or not.

Also what is the impact of you leaving early? i.e. are you in a critical role where project or support would be affected?

Ahh.... in general penalties for breaches of employment contract are awarded by employment courts after a judge hears both parties - so there's really no way you could be told in advance, unlike types of commercial contracts where penalties can be negotiated in advance.

There's no way to tell in advance what the penalties are without knowing what your responsibilities are. If you're merely sweeping floors the employer will probably forego your salary payments. If you're in a critical position where your absence puts an entrepreneurial process in jeopardy, you could well get shafted with, say, replacement costs...

Good evening to all - I am 'reactivating' that older thread:
Can anyone advise if it is common in Switzerland to have 6 months notice period? And irrespective of your length of service?
I realise there is no straightforward reply, but there must be a sort of customary regulation. We are talking about a middle management level.
Any advice and comments will be very much appreciated! Thank you.

In the absence of a specific contract clause Swiss law provides for:
- 7 days notice during the first month
- one month during the rest of the first year
- two months during years two through nine
- three months thereafter.

If you really have 6 months then it must be in your contract, or potentially in the employee handbook which will form a part of the contract (at least assuming it was provided to your at the time you were signing the contract)

6 months for middle management, unless you have key skills and knowledge, would be unusual.

Note that the information on the Swiss law could be found by googling "swiss notice periods" and choosing the third link (I went to the trouble of checking before posting... did you?)

Daniel

This regulation is so called "Dispositives Recht" That means if nothing special is regulated in the contract this regulation will be valid.

So it is possible to cut down it to only 1 Month for ever or to set it up to as high as both party like to have it.

6 Month is usual in Switzerland for management position as the search for a new person as well as the start up time for the new person will take longer as for other position in companies.

So it could be that your contract is with a 6 month regulation and you will have to fulfil it if the employer wants to hold you over this time.

HI Daniel and Roman - thank you very much for your replies.
No - I have not googled anything yet, as I just received my contract to check and was rather surprised by seeing these 6 months. I would be extremely unusual in the UK, unless one holds a top position, which I do not.
It would also be unusual for an UK employer to wait 6 months for somebody to work through such long notice - and especially in the current situation.
In any case I will have to google a lot of other Swiss employment law related info.
Many thanks guys!
Enjoy your weekend!
WSF

I dont really agree that it's "usual" for management positions... maybe geschäftsleitung/operating board members or key key staff.

In Germany maybe yes sometimes even to end of quarter, but the market in Switzerland is less inflexible.

Daniel