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Old 08.11.2019, 15:15
doropfiz doropfiz is offline
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Re: Post-employment pay and status

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Thanks for reading this, I just left my job and have some questions about how Swiss, and in particular Ticino, pay protections work.

I sent my employer a resignation email yesterday (notice to quit at the end of January 2020), and reported to work today. I was handed a simple letter in Italian stating that my employment was terminated on Monday the 4th, which is really odd since I worked that day as well as the following.

If I receive a letter stating that my employment is terminated, after I deliver a resignation, do they have to pay me through my notice period?

I'm non-EU on an L permit, so I'm also concerned about my legal status in Switzerland. Should I report this somewhere? Do I have to leave immediately?
In Switzerland, any employer and any employee can freely give notice to each other at any time.

There are very few, protected circumstances in which an employer may not give notice, such as pregnancy, and very few reasons that are not considered valid, such as racial discrimination.

For the rest, the concept of “employee protection” together with a system of warnings which must be given before it is permissible for an employer to dismiss and employee, as practiced in some other countries, is simply unknown in Switzerland. There is also no concept of an end-of-contract lump-sum payout on termination.

In summary: if you want out, you can resign; if they want you out, they can dismiss you. And then your relationship ends.

Both parties are bound by the notice period defined by the contract and/or by the law and by the standard overarching agreements for that section of the economy.

During the notice period
  • the employee must continue to work until the last day, unless he/she is given “garden leave” by the employer,
  • the employer must continue to pay until the last day,
although the two parties may, together, reach agreement on an earlier date of termination. This can be to the employee’s advantage only if the employee wishes to be set free, immediately, perhaps to start a next job. Otherwise, such an earlier date is a poor choice for the employee, who thereby loses his/her income and insurance cover.

I'm trying to understand what happened.

Monday 4th you worked.
Tuesday 5th you worked.
Wednesday 6th you sent an email giving notice to leave on 31st January 2020, i.e. giving your employer 2 full months’ notice (December and January) plus a part of the month of November.
Did you also work on Wednesday 6th?
Thursday 7th you reported to work. You also say you “left your job”. Does this mean you don't intend to go back, and if so, have you told your employers that? And you were given a letter terminating your employment on Monday 4th, i.e. giving you zero days’ notice. Does this mean they don't want you back there, with immediate effect?
Did you sign your agreement to that letter?

The speed of all this makes me wonder whether your employer intends for you to be dismissed with no notice period, which is, indeed, permissible - the contract notwithstanding - if you are deemed to have done something criminal or something that very serious to the detriment of the employer.
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