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  #21  
Old 30.11.2016, 18:42
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Re: I just quit my job, please help me with some questions

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As far as I am aware, if you are being made redundant then your employer must allow you time off during work time to attend interviews. If you choose to search for a new job of your own accord, then your employer doesn't have to give you time off (at their expense) to attend an interview, why would they
It's not unreasonable of them to ask you to use leave or take the time unpaid (whether you are normally working at home or in the office).
Understood. Thanks
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  #22  
Old 30.11.2016, 18:46
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Re: I just quit my job, please help me with some questions

I'd like to ask posters a clarifying question, if I may. Anyone I know who was being made redundant and went off sick during the notice period had their notice period extended (meaning the sick days were not included in it).

Since this poster has resigned, and some posters are posting that their notice period wouldn't be extended if the person went off sick, I'd just like to check that this is correct - sick days are included in notice periods, if a person resigns.
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  #23  
Old 30.11.2016, 20:37
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Re: I just quit my job, please help me with some questions

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I'd like to ask posters a clarifying question, if I may. Anyone I know who was being made redundant and went off sick during the notice period had their notice period extended (meaning the sick days were not included in it).

Since this poster has resigned, and some posters are posting that their notice period wouldn't be extended if the person went off sick, I'd just like to check that this is correct - sick days are included in notice periods, if a person resigns.
I do think this was answered earlier?
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  #24  
Old 30.11.2016, 20:49
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Re: I just quit my job, please help me with some questions

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I'd like to ask posters a clarifying question, if I may. Anyone I know who was being made redundant and went off sick during the notice period had their notice period extended (meaning the sick days were not included in it).

Since this poster has resigned, and some posters are posting that their notice period wouldn't be extended if the person went off sick, I'd just like to check that this is correct - sick days are included in notice periods, if a person resigns.
Has been explained already, but again:

Employer terminates contract, employee gets (legitimately) sick during notice period: notice period is extended. NOT indefinitely, this depends on duration of employment.

Employee resigns, gets sick during notice period: notice period is NOT extended, but remains the same and contract ends as agreed.

And yes, I guarantee that this is correct.

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If you choose to search for a new job of your own accord, then your employer doesn't have to give you time off (at their expense) to attend an interview, why would they
Nope, again, not correct, see my earlier response.

OP, if they refuse, yeah well, then that's just what it is. It's not right, but hardly worth the fight. Assuming you won't exactly sit in interviews 20 hours a week (well that wouldn't be granted anyway), it won't kill you to give a few hours of overtime to go to some interview here and there if necessary. Use the home office day where possible - cause how would they know really...
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  #25  
Old 01.12.2016, 00:56
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Re: I just quit my job, please help me with some questions

Not being rude, but I would like to understand why people haven't fully understood what I posted, and whether I made a mistake in how I expressed myself. I posted acknowledging that posters had made the claim earlier, therefore why would anyone post the following?
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I do think this was answered earlier?
or
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Has been explained already, but again:
Haven't I made it clear I am aware of that? Isn't it clear that anyone can claim anything on the internet, and, in the absence of anyone having claimed to have an informed legal basis for commenting on the point I am questionning, that I am asking someone (in a position to do so) to confirm if it's accurate or not?
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  #26  
Old 01.12.2016, 07:48
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Re: I just quit my job, please help me with some questions

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Not being rude, but I would like to understand why people haven't fully understood what I posted, and whether I made a mistake in how I expressed myself. I posted acknowledging that posters had made the claim earlier, therefore why would anyone post the following?

or

Haven't I made it clear I am aware of that? Isn't it clear that anyone can claim anything on the internet, and, in the absence of anyone having claimed to have an informed legal basis for commenting on the point I am questionning, that I am asking someone (in a position to do so) to confirm if it's accurate or not?
This is also internet and the answer was clearly given. So why would you trust this answer better?
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  #27  
Old 01.12.2016, 09:12
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Re: I just quit my job, please help me with some questions

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This is also internet and the answer was clearly given. So why would you trust this answer better?
"In the land of the blind the one eyed man is king"

Not sure it is an overly helpful reply - but some days it feels rather appropriate for EF
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  #28  
Old 01.12.2016, 09:21
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Re: I just quit my job, please help me with some questions

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Haven't I made it clear I am aware of that? Isn't it clear that anyone can claim anything on the internet, and, in the absence of anyone having claimed to have an informed legal basis for commenting on the point I am questionning, that I am asking someone (in a position to do so) to confirm if it's accurate or not?
I worked in this for years. I know, simple as that. Also, if you don't believe me or anyone else here in the forum or anyone on the internet for that matter, why do you ask here, in a forum, on the internet? What I said was also supported by others and one even posted a link. Of course also from the internet, so if you don't believe it, call a lawyer, and pay 200 CHF to get the same information.
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  #29  
Old 01.12.2016, 10:49
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Re: I just quit my job, please help me with some questions

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I worked in this for years. I know, simple as that. Also, if you don't believe me or anyone else here in the forum or anyone on the internet for that matter, why do you ask here, in a forum, on the internet? What I said was also supported by others and one even posted a link. Of course also from the internet, so if you don't believe it, call a lawyer, and pay 200 CHF to get the same information.
Why be hostile? Why make things up? I'm not a rude or offensive poster. Where have I claimed any of what you attributed to me? You can see from my post on this thread earlier that I qualified my knowledge of sickness periods during notice periods relating to redundancy. On forums that I consider to be most useful, people qualify where there opinions come from in important matters like legal affairs. Regardless, can't you concede that my request was fair? I've no idea how you've the will or energy to be so argumentative on the internet. I'll stop posting on this now, since I'd rather just find friendly people to discuss things with.
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  #30  
Old 01.12.2016, 10:55
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Re: I just quit my job, please help me with some questions

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Regardless, can't you concede that my request was fair?
No it wasn't. See Treverus' #17. Don't expect to be taken seriously if you can't be arsed to follow the sources provided already.
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  #31  
Old 01.12.2016, 11:22
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Re: I just quit my job, please help me with some questions

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Why be hostile? Why make things up? I'm not a rude or offensive poster. Where have I claimed any of what you attributed to me? You can see from my post on this thread earlier that I qualified my knowledge of sickness periods during notice periods relating to redundancy. On forums that I consider to be most useful, people qualify where there opinions come from in important matters like legal affairs. Regardless, can't you concede that my request was fair? I've no idea how you've the will or energy to be so argumentative on the internet. I'll stop posting on this now, since I'd rather just find friendly people to discuss things with.

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Since you don't seem interested in anything anyone else has experienced or knows, I shall bow out of the discussion and leave you to it. I'm not posting here wanting to be demeaned or attacked over petty discussion differences. In future, I encourage you to get to know people, rather than condemn them as uninformed off the bat.
Pretty soon, you won't have anyone to talk to.

And BTW, I encourage you to follow your own advice and get to know who is on this forum before assuming you know everything. (see what I did there?). You may find that some of the posters on this thread might even work in HR and might even be Swiss.
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  #32  
Old 01.12.2016, 11:32
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Re: I just quit my job, please help me with some questions

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I'm not a rude or offensive poster.
You might not think so, but this is the second thread I've noticed you in, and you've been rude in both. Replies to you are reflecting that.
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  #33  
Old 01.12.2016, 11:46
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Re: I just quit my job, please help me with some questions

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I'd like to ask posters a clarifying question, if I may. Anyone I know who was being made redundant and went off sick during the notice period had their notice period extended (meaning the sick days were not included in it).

Since this poster has resigned, and some posters are posting that their notice period wouldn't be extended if the person went off sick, I'd just like to check that this is correct - sick days are included in notice periods, if a person resigns.
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Not being rude, but I would like to understand why people haven't fully understood what I posted, and whether I made a mistake in how I expressed myself. I posted acknowledging that posters had made the claim earlier, therefore why would anyone post the following?
Because your post sounds like you didn't understand what was written and you wanted confirmation.

It sounds like what you actually wanted say something like "You wrote this, but I don't believe you, can somebody please tell me something different (with evidence to back it up)?"
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  #34  
Old 01.12.2016, 13:45
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Re: I just quit my job, please help me with some questions

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Hello All
I just quit my job with no job. I have 3 months notice period on my contract:

- Do I have the right to use 1 day a week to search for a new job (like in my home country)
- I most probably serve the 3 months and go back home
- I tried to negotiate to serve less (even without pay) with no success, but I need to find a ways since I quit because this company is affecting seriously my health.
- I have 6 days holidays left (already planned and approved holidays for Xmas). then I need to work Jan & Feb (I assume I can take the proportional vacations)
- I need to negotiate my bonus for 2016

Any help/advice would be appreciated.
IMHO if your contract is any similar to most contracts, once you give notice- you lose your bonus.
This is why people usually give notice that time of the year once the bonus has been paid (usually in March).
Edit: I take out the part about passing the probation period. I guess I misread your message.

Last edited by oferet; 01.12.2016 at 16:06.
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  #35  
Old 01.12.2016, 14:51
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Re: I just quit my job, please help me with some questions

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Why be hostile? Why make things up? I'm not a rude or offensive poster. Where have I claimed any of what you attributed to me? You can see from my post on this thread earlier that I qualified my knowledge of sickness periods during notice periods relating to redundancy. On forums that I consider to be most useful, people qualify where there opinions come from in important matters like legal affairs. Regardless, can't you concede that my request was fair? I've no idea how you've the will or energy to be so argumentative on the internet. I'll stop posting on this now, since I'd rather just find friendly people to discuss things with.
And on a different thread...
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Since you don't seem interested in anything anyone else has experienced or knows, I shall bow out of the discussion and leave you to it. I'm not posting here wanting to be demeaned or attacked over petty discussion differences. In future, I encourage you to get to know people, rather than condemn them as uninformed off the bat.
Another thread...
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Just more hostility from you. I'll stop replying to you now. Arguing on forums is no interest of mine. I'd rather find friendly discussions to participate in. Incidentally, plenty of rogues and war criminals were popular amongst the masses in their day. I wouldn't take hand claps as a sign of anything decent in your character. Every day we need to be kind and considerate, and we should be judged each day in my opinion. Forums are breeding grounds for egomaniacs. Take care.
A lot of your posts are actually pretty cogent and sensible, so I shall warrant that you are just rather thin skinned and maybe a little overdramatic? I used to be like that too, until I realised that the permanent state of indignance and drama is really tiresome. Drawing parallels to war criminals is, e.g. just a tad over the top and will likely rouse the more "straight talking" people. Saying people are nasty to you while being rather rude yourself makes it look like you enjoy playing the victim, not a good look.

As for the assertions made by Samaire, she knows her stuff, take the time to read some other post she has made on HR topics, I would trust her knowledge.

Back on topic: OP, I have to commend you on your attitude, like Urs Max I have seen people milk the system for everything it could possibly deliver and unfortunately that just won't work in the long term - for everyone. The Swiss Obligationenrecht article 336c stipulates that the extension of the notice period only applies if you are fired. Art. 337 further states that both employer and employee can terminate a contract immediately if there are "important reasons" for doing so. This includes any situation (of which the employer has knowledge) that would make it unreasonable the expect an employee who has resigned to continue to perform their duties. This must be explained in writing by the resigning party if the other party requests them to do so. If your doctor states that continuing your work would be detrimental to your health, such a reason would be present in my view.
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