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Old 22.05.2016, 19:51
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Is a verbal agreement binding?

Help! Is a verbal agreement binding under Swiss law?
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Old 22.05.2016, 19:56
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Re: Is a verbal agreement binding?

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Help! Is a verbal agreement binding under Swiss law?
Yes it is.
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Old 22.05.2016, 19:57
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Re: Is a verbal agreement binding?

Yes it's binding but proving it is another thing..
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Old 22.05.2016, 20:08
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Re: Is a verbal agreement binding?

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Help! Is a verbal agreement binding under Swiss law?
"Yes, but."

If your verbal agreement involved the intention to produce a written agreement - "I'll take the flat", "OK, it's yours, will send you the contract to sign" - then the verbal agreement is superseded by the written one. So always check carefully that contracts actually do contain the same thing you thought you were verbally agreeing to!

Apart from that, there are the usual difficulties in proving a verbal agreement existed, or what its contents were. But yes, in principle verbal agreements are binding.
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Old 22.08.2016, 14:49
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Re: Is a verbal agreement binding?

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Help! Is a verbal agreement binding under Swiss law?
Does keeping my word mean something?
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Old 22.08.2016, 15:00
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Re: Is a verbal agreement binding?

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Does keeping my word mean something?
It's a bit more than that. If you have witnesses to your word is it legally just as good as a written contract...
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Old 22.08.2016, 15:02
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Re: Is a verbal agreement binding?

Some wise word on this matter have been attributed to film producer Samuel Goldwyn:

"A verbal contract isn't worth the paper it's written on".
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Old 22.08.2016, 15:05
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Re: Is a verbal agreement binding?

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It's a bit more than that. If you have witnesses to your word is it legally just as good as a written contract...
So the difference between binding and enforceable?
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Old 22.08.2016, 15:07
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Re: Is a verbal agreement binding?

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So the difference between binding and enforceable?

Ask your dominatrix Mistress.

cheer
SC
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Old 22.08.2016, 15:12
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Re: Is a verbal agreement binding?

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Ask your dominatrix Mistress.
Where the words Reward and Punishment are interchangeable
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Old 31.03.2017, 14:14
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Re: Is a verbal agreement binding?

Hi All,
I have a job offer that I have accepted (offer and acceptance sent via email), with a pretty quick start date. Problem is I asked for the contract asap in order to make the requested start date, I have now finally found out that it will be at least another few weeks before the contract is ready and can be signed. I normally wouldn't consider anything anywhere without a formal contract with both our signatures on it, especially since I need to serve notice on current job, wrap up a life in one county, and move to another!
But I have read that, whilst pretty basic, an email of the terms and accepting the job counts as good as a contract in Switzerland (for instance canton Vaud in other posts), despite some other stories/posts about the exact opposite happening to them!
Can anyone link me to relevant government/legal sources for Canton Zurich that can help me feel a little better serving notice and preparing my move to Switzerland without the full signed contract in hand?! Any more specific advice?
Thanks!
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Old 31.03.2017, 14:22
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Re: Is a verbal agreement binding?

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Hi All,
I have a job offer that I have accepted (offer and acceptance sent via email), with a pretty quick start date. Problem is I asked for the contract asap in order to make the requested start date, I have now finally found out that it will be at least another few weeks before the contract is ready and can be signed. I normally wouldn't consider anything anywhere without a formal contract with both our signatures on it, especially since I need to serve notice on current job, wrap up a life in one county, and move to another!
But I have read that, whilst pretty basic, an email of the terms and accepting the job counts as good as a contract in Switzerland (for instance canton Vaud in other posts), despite some other stories/posts about the exact opposite happening to them!
Can anyone link me to relevant government/legal sources for Canton Zurich that can help me feel a little better serving notice and preparing my move to Switzerland without the full signed contract in hand?! Any more specific advice?
Thanks!
I would be more interested in learning about notice period during the trial period, it'd 1 weeks notice.......... unless something else has been negotiated.
In Switzerland a contract can be ended for any reason by either party, just the notice period needs to be adhered to.
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Old 31.03.2017, 14:27
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Re: Is a verbal agreement binding?

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I have now finally found out that it will be at least another few weeks before the contract is ready and can be signed.
A couple of things to consider:

- Employment contracts are very straight forward in Switzerland, so there is no legal reason why it should take a few weeks to get one out to you

- If you are non-EU, you need for the company to get you a work permit before you can start.

- If you are EU you will need to have the contract in order to apply for the work permit yourself. And while you could perhaps start work before you get the permit. Telling them that it will take a few weeks to get the contract will not go down well.

At the end of the day of course it is up to you, but I certainly would not resign my position before having the signed contract in hand.
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Old 31.03.2017, 14:43
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Re: Is a verbal agreement binding?

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But I have read that, whilst pretty basic, an email of the terms and accepting the job counts as good as a contract in Switzerland (for instance canton Vaud in other posts), despite some other stories/posts about the exact opposite happening to them!
I don't think it's binding because there's a written contract pending. Without that, your agreement would definitely be binding.

However, as others have said, trial period is up to three months. During the trial period notice period is just one week, notice can be served at any time by both parties.

Why does it take time? Is it a matter of getting a permit? Otherwise, and unless it's a big company, your future employer may be trying to corner you in order to be able to change the conditions to his advantage.
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Old 01.04.2017, 18:22
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Re: Is a verbal agreement binding?

If you're a non-EU national, then there'll be a clause in the contract stating that it's subject to getting permit approval. If approval isn't given then the contract is void. If this applies to you then don't give notice on your current job until you've been informed that the permit approval has gone through.
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Old 12.04.2017, 11:31
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Re: Is a verbal agreement binding?

1st wee word of advice.
Make sure that whichever type of contract you verbally agreed to actually appears on the hard copy contract. If you were offered a CDI (contrat de travail indéterminé - basically an open-ended contract with no end date) you don't want to sign if it shows CDD (contrat de travail déterminé - with a definite end date).


2nd wee word of advice.
Having worked for a Geneva based trading broker a few years back, I was shocked to see how many people were fired during the 3 month trial period (perhaps only specific to finance). 2 particular cases concerned British employees who had been specifically head hunted in London. Unfortunately they sold their properties, wives gave up their jobs and they took their children out of school so they could all move here at the same time, I guess the "we want you! you will be an asset to our company!" spiel made them feel comfortable enough to do this. Both families were forced to return to the UK within 2-3 months. No need to explain to you the problems and stress they suddenly found themselves with.


If you are a family man/woman who owns the property you live in, my advice would be to a) keep your family at home and not put the property on the market just yet, b) wait to be given the full contract after the 3 month trial period before bringing family over.


As an FYI, only after you have completed a full year of employment are you entitled to chômage, Swiss unemployment, this is usually around 70% of the salary you used to get.
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Old 12.04.2017, 15:21
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Re: Is a verbal agreement binding?

I'll add to the chorus - don't quit your current job until both the job contract and the work permit (if you are non-EU) are signed, sealed, and delivered.

No (well, few) Swiss would do so, and Swiss employers knows that. Wait for the contract, read it carefully, question anything that differs from what you were promised or that you do not understand.

Too many people naively assume 'This is Switzerland, nothing can go wrong, you can trust the other guy's word/handshake/whatever.' And while this is still more or less true today, Switzerland is no different from other countries. Things do go wrong. Sometimes it's the other party pulling a fast one, sometimes there are legitimate reasons - but do not up-end your life at home until you have that contract and permit if needed. And don't burn any bridges back home until you have made it through the probationary period.

To give you an example, at large companies even the hiring manager might not be aware of impending hiring freezes, cost cutting, outsourcing, or layoffs. Such plans are usually known only to a few key folks. So you might get a legit offer, the hiring manager might honestly be eager to bring you on board... when word unexpectedly comes down from on high that due to cut costs, the job had been eliminated, the offer is rescinded. I've seen it happen.

It really would be prudent to wait until you have a signed contract. A Swiss employer should fully understand why this is important.

Wishing you all the best with the move.
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Old 12.04.2017, 16:42
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Re: Is a verbal agreement binding?

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Not (well, few) Swiss would do so, and Swiss employers knows that. Wait for the contract, read it carefully, question anything that differs from what you were promised or that you do not understand.

Too many people naively assume 'This is Switzerland, nothing can go wrong, you can trust the other guy's word/handshake/whatever.' And while this is still more or less true today, Switzerland is no different from other countries. Things do go wrong. Sometimes it's the other party pulling a fast one, sometimes there are legitimate reasons.


Definitely good points here, however can I just add that I think I am right in saying that most people coming to work here Switzerland, whether on the arc Lémanique (Geneva, Nyon, Aubonne, Montreux and Vevey), Zürich, Bern, Basel etc. will more than certainly be joining a multinational corporation or even a world organisation and not a true Swiss company, high chances your boss will be a foreigner as well. So if back home you worked for a multinational, expect similar internal politics, mobbing and back stabbing here...and the good stuff as well of course
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