Hello,

Im apologies for my english and I hope I put this in the right section of forum as is also a matter of work permit...

Im nanny /live-in/ and family Im working for since April /legally/ obtained for me permit L. In June on 23rd I had accident /fall from tree/ and ended in the hospital with broken spin and pelvis since that still in the hospital and not able to walk much specialy as I cant use my left foot so on wheelchair mainly or with crutches but according to doctor at the end of September all wil be fine..;o) and I will be able go back to my work.
Family visited me only once just to bring me some cloths and mobil and las ttime I talked to her /mother of the children/ she told me is all fine but she needs to know when I will be able to start work. She kept calling me about this matter and saying that july august is fine bit from september she needs someone. Couple days ago I've sent her sms that I have a nanny for her with permit, fluent english and french for september so I was kind of try to be nice that she can chill on he beach and not worry about finding temporary nanny. She called me back and I was totaly schoked. Shortly what she was saying: she already find someone for september and I was bit feel strange so I asked her where I will be as Im live in..she answerd that I can stay but sometime but for the futere they dont want to have anymore nanny live-in only out not even saying that it could be me if I can find place to live as was my goal anyway for the future and she knows about it...so basicaly she fired me already without anything to tell me...which I know she cant do it as Im on sicknes and I have also contract, if I didnt sms her I wont know this at all as they never contact me while Im in hospital.
I talked to with my physio and doctor here and they trying to contact some social asistent if I can get any advice.
My question is....can I still stay in CH in Geneva with permit L if I will find work as nanny live in or live out? She told me Im obligate to find job only LIVE-IN...and Im wonder why I cant work live out if I will have place to live?
She told me yesterday that I can stay in the house august and september /Im leaving hospital 2nd of august but still will sick/ and in case I wont find work then they will pay me flight ticket home....which I would have to left here half of my stuff as I've arrived here by car..not much stuff but not one suitcase either...mainly important things to have in CH..my ski set and my mountain bike.
And another very confusing things she told me that august, september I would be paid by her and lately she will claim the money back from insurance..what is that mean...I wa sthinking insurance wil pay me every month and I thing she is resposible for my wages as well no?
Im sorry Im not very clear...my contract in in the house and I will be able to read and find more 2nd of August. Im just totaly schoked how people can be like that. And would like to know what is my rights. As I said I do have permit L, I do pay my insurance etc....nothing illegal....
Hospital try to help me as well but again they dont know much about workes rights but know for sure this is not right.
Do I have to leave the country in case I dont have work live-in even I have permit L or what about if I will be still looking for work and will start in November? I have to leave?

thanks a lot and sorry if is bit confusing...still in the hospital and really schoked what she planned in one month.

Well i dont want to be mean but she is allowing you to stay at the house for two months and she will also pay you and if you dont find a job she will pay for your flight home. Seems that she is very helpfull to me.
Also if she decided she wants a live out nanny and you can only work live in it means that you wont work legally so she is keeping you both covered.
Ok its not an ideal situation but if you have read other accounts in the forum about au pair employees then yours sounds really good actually. When does your permit expire anw?

Im sorry....what do you mean helpfulll????...I cant walk and behind my back she is already found someone to have. I have contract and during sickeness you cant fired a person just like that...thats a law almost in every country and I did work in few! And she is not the one who is paying me...pays the insurance. LIVE-IN nanny is a person who has board and food provided from them!!!!!!...Paying me a flight home will cost her nothing and Im able to do that by myself but dont funncy to leave here stuff she did agreed I can bring here so thats why I was driving here as by flight will cost me fortune!!!
How would you feel when you will be in the hospital and your boss will already fired you and you wouldnt know. And beside I meantion I did try to help her out as I did find a person to work for her in september while I will be still not able to work....and having a contract for a year...first she say we need nanny live in...then live-out after I had accidet...and next day she say I pay you flight and we actually dont need any nanny....bit quick desicions no specialy when you have children!!!!

PS: Im not Au-pair...Im qualified nanny with 12 year of experince worked with premature born multiplets and grow up many children to enjoy nature and sports instead spending a time with them shopping or by the TV and play computer games.

I would quickly see a social assistant to help you, at least guide you on the good person to help you.

You have a contract and that family can't fired you because you've got an accident even if they need somebody.

Did you find your place by an agency ? they could help you too.

Fine, so when you are able and fit and can return to work, she fires you, gives youz two months salary and end of story. The same applies for you, you go back to work, tender your notice and leave after 2 months.

That's the way it works, no jobs for life or liberal employment laws, here either party can terminate for no reason as per clauses in the contract. Works both ways...

Sorry to hear about your accident, i did my back about 25 years ago and spent 8 weeks counting the holes in the ceiling pannels in Martigny hospital, fascinating.......(we didn't have mobiles or laptops then !)

thanks guys....

yes Bertrand...hospital trying to help me as they can..will know more on monday and last friday they told me they will contact for me socoal assistant.

thats what worries me the money...I know she has to pay me...but now pays me insurance and I think she is trying to tell me is her money....I think /think...not sure/ till I wont be able to work Im covered by insurance..then she should me give the 2 months paying no?

Charlie...looks the hospitals have same ceilings...her in H.U.G. is the same..I count them all specialy when I was in pain and not able to sit and anything...now mostly in the garden on the wheelchair and trying to walk with crunches as much I can....;o)

PS: I have mobil but no friends here at all so bit expensive to call London or USA....I have laptop but this is my first day I have it after 5 weeks...my boss was too busy to bring here...she lives 10min by car from here..;o)
for me is horrible to have nice few on Saleve and cant walk at all as Im skier, hiker and mountain buiker person..so is better to leave in the garden hide and read rubbish news paper..;o)

Hi

I am no means an expert but what you have described sounds like she has not fired you at all. Being fired usually means the employer is not happy with the work performed and dismisses the employee based on poor performance. It does sound however more like a redundancy, where the employer needs have changed (not live in) and you cannot fulfil that change (must be live in).

In regards to payment, you are entitled to payment according to your contract. If that payment comes from her, or from an insurance policy, it really does not matter as long as you get paid.

The fact she has found a replacement could be justified on her part as her needing someone while you are not able to fulfil that role. Whether this is legal according to Swiss law I cannot tell you, best to get professional advice on that point.

All the best, hope it works out for you.

I think that the circumstances of your accident are relevant and if it occurred as a consequence of your doing some work for the employer. I would doubt that an employer can discharge someone if the accident was as a consequence of the work until the worker was deemed fit by a physician to return to duties.

If the accident occurred in your own time, then I would say that the employer has been more than fair.

Renata74, it sounds like your employer has done her homework. According to the code of obligations art. 336c an employer must wait 30 days before firing an employee who is sick or disabled within the first year of employment (and after having completed the trial period). This assumes that the accident was no fault of your's. Why you were up the tree in the first place may have a bearing also.

I assume that your employer will argue that an accident such as your's may affect your ability to carry out certain household tasks and as such she is justified in looking for someone else.

I am not a labour lawyer and I may be wrong, but that is my interpretation.

This is a very tough situation. I agree. If you are unable to work fully then you should talk to the invalidity insurance people as you may be entitled to some benefits depending on the degree to which you are incapacitated. You should also talk to your local social services who may also be able to assist.

I suppose you need to look at it from your employer's situation.

You are employed to care for her children and unable to. She needs somebody to look after her children; cannot be sure when you will be fit to work again. As you state that you don't just sit and watch children play computer games but do activities; which sorry to say does not look as if you will be doing this for sometime.

Ask yourself what you would do if you were in her position?

I get you point and you right...but I think I was not clear....accident happend in 23rd of june....5 days after she visited me she said she will continue our contract for the one year....she was need it someone to look after her kids from september..july and august I supposed to have 4 weeks paid holiday and rest unpaid as we agreed..so I was waiting another week for a result of my operation and doctor said Im going to be able 100% to work full time with all activities even in my private life.which is mountain biking..downhill in October!
so then I felt bad about her situation and understand her position /she is not working and reason why she is not working is that she quit work to be with her children/ and found a resposible person with permit and experince.
I think she shoul call me and tell me that she found someone or we could talk and make some solution no? Im not person you cant talk with.
so try to understand my situation as I cant do anything on the wheelchair from hospital and not even talking that she was not able to bring me my notebook and she lives 10min by car.
as I said I understand your point..but is not only about her is also about me no? and we should be able to talk about it.
Im sure you will call me evil nanny if I would leave her for better job....and saying that I didnt look at her position. Which I would not do it...I will talk to her and gave her notice and even help find some nanny if she would like to.

thank you Snoopy...ok...I understand this and agree...but do I have rights that the 30days she has I have to be notice? She didnt!