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  #1  
Old 22.11.2010, 20:51
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How to terminate a contract before you start

Hi,

I signed a contract and I am supposed to start on Dec 1st.
But I received an offer from another company, which I decided to work for. How can I cancel the 1st contract? Is it enough to send a written letter to comunicate that I won't start working for them?
They have not been able to tell me what to do...

Thanks for help!
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  #2  
Old 22.11.2010, 20:58
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Re: How to terminate a contract before you start

If you want to be formal, send a letter or email.

If you want to be simple, just don't show up for work at all.

Whatever you do, be sure you will not be working for that company ever again. But it doesn't matter how you do it, so just do whatever is easiest for you. In the end, even the most careful letter will guarantee that this company will remember you and never extend a job offer to you ever again.
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Old 22.11.2010, 21:07
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Re: How to terminate a contract before you start

Well, the premises were that after 3 months they would have probabily (50%) closed that position... I am happy that I found something else...
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Old 22.11.2010, 21:53
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Re: How to terminate a contract before you start

I think that not showing up for work could get you in a bit of trouble. Did you call them already and tell them? What does your contract say?
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Old 22.11.2010, 22:10
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Re: How to terminate a contract before you start

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If you want to be simple, just don't show up for work at all.
Simply wrong! The OP has a valid contract with the employer and if they so wish they could enforce it, by requirement him to work out the notice period. Furthermore, since most of these contracts require you to get the employer's permission to take on a second job, they could object to him starting work at the new place until the contract he has signed expires! This could also be grounds for dismissal by the new employer as well!

@OP: Contact the employer and explain the situation to them, I'm sure they will just tear up the contract, but it needs to be done properly otherwise there could be consequences.

Good luck with that,

Jim.
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Old 22.11.2010, 22:11
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Re: How to terminate a contract before you start

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If you want to be simple, just don't show up for work at all.

Whatever you do, be sure you will not be working for that company ever again. But it doesn't matter how you do it, so just do whatever is easiest for you. In the end, even the most careful letter will guarantee that this company will remember you and never extend a job offer to you ever again.
Just not showing up sounds extremely rude to me, and would probably hurt this other company financially, so I don't quite see any reason for doing that. The sooner the other company knows you're not coming the better it is for them so that they can reorganize things.
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Old 22.11.2010, 22:16
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Re: How to terminate a contract before you start

You want to cancel a contract. Did you actually read it? A typical employment contract tells you what notice period you have. Typically it is one week in the first three months.

This would mean: You show up on the first day and tell them that you want to leave. You would be obliged to work till Friday. That makes little sense and an employer would typically prefer to know earlier if you plan to not take a job.

If you do not want to work this one week, you probably have to pay a fine for not honoring the contract. I actually did it once. And again: Your contract should tell you about it...
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  #8  
Old 22.11.2010, 22:19
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Re: How to terminate a contract before you start

Read your contract carefully.

Most employment contracts list a seven day written contract termination notice period during the 2 or 3 month probationary period.

Write them tonight, tell them you won't be starting on 1.12.2010, don't give any reasons, send it express registered post at 8 am tomorrow! You will this way have given them the 7 days required notice, as they will receive the letter around 2 pm tomorrow.
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Old 22.11.2010, 22:47
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Re: How to terminate a contract before you start

As per the code des obligations:

The applicable period of notice is stated in the employment contract, the specimen employment contract or the collective bargaining agreement. In the absence of a contract or collective agreement, the periods set forth in the Code of Obligations are applicable:

during the probationary period: seven calendar days
first year of service: one month to the end of the month
from the 2nd to the 9th year of service: two months the end of the month
from the 10th year of service: three months to the end of the month
The period of notice starts from the date when the notice termination is received by the other party.

Ittigen is absolutely correct. Simple and polite is best.
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  #10  
Old 16.01.2011, 13:16
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Are there any other legal implications??

Or, if I have more than 1 week left until the start of my contract is it OK to give this notice?

Last edited by jrspet; 16.01.2011 at 13:22. Reason: Merging of successive posts
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Old 16.01.2011, 18:10
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Re: How to terminate a contract before you start

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Are there any other legal implications??

Or, if I have more than 1 week left until the start of my contract is it OK to give this notice?
You're unlikely to get sued if you decide to change your mind and back out of your contract. But you'll have wasted a huge amount of time and effort (the HR team, the interviewers, the admins arranging for your arrival). You can pretty much rule out ever getting a job with the company again in future.

Pharma's a small world. Be careful who you piss off.
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Old 11.05.2012, 05:33
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Re: How to terminate a contract before you start

Hi,

I accepted a job with a bank in Zurich. I am supposed to start on July 1st but I changed my mind. From older posting it seems that I can terminate the contract on the first day with one week notice.
Did you get sued when you terminated? How much is going to cost me?
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Old 11.05.2012, 09:53
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Re: How to terminate a contract before you start

As the above posters have written, the very first thing to do is read your contract (hopefully it's in a language that you read well).
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Old 11.05.2012, 10:07
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Re: How to terminate a contract before you start

Very clever. Thanks for the explanations.
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Old 11.05.2012, 12:56
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Re: How to terminate a contract before you start

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Hi,

I accepted a job with a bank in Zurich. I am supposed to start on July 1st but I changed my mind. From older posting it seems that I can terminate the contract on the first day with one week notice.
Did you get sued when you terminated? How much is going to cost me?
Since there is almost two months before you need to start, maybe it's better if you tell them now so they can find a replacement. That would be more ethical.

Good luck.
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