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  #21  
Old 25.02.2011, 08:37
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Re: How to resign

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Are the terms of resignation, not in your employment contract?
Actually, I don't have an employment contract.

Tom
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  #22  
Old 25.02.2011, 08:37
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Re: How to resign

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I have no link, but that is how I resigned my last job. And I had to give 3 months notice.

Tom

P.S. This was in Zurich in 1990.

E-mail can be acceptable but it's not necessarily legal and may lead to problems later on.
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  #23  
Old 25.02.2011, 08:47
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Re: How to resign

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Actually, I don't have an employment contract.

Tom
Sorry Tom, the question was directed to the OP, who's asking about resigning.
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  #24  
Old 25.02.2011, 11:09
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Re: How to resign

There is absolutely no mention of leaving in my contract. Maybe they assume I would never dream of it??

The contract is pretty basic, it just refers to the Swiss law at the end, but after looking up what the law says in articles 319-362, I did not find a lot of information out about the actual process of handing in your resignation. It seemed to be more about protecting employees from being fired.

Also, now I am thinking of doing a registered letter and a hand delivered one to be extra safe. Do I need to put both my employers address and my own address on the envelope of the registered mail? I'm sorry if this sounds like a silly question, but I would rather leave my address off if the secretary is going to sign for this. I have a feeling I have to put it on there though...
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  #25  
Old 25.02.2011, 11:38
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Re: How to resign

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Do I need to put both my employers address and my own address on the envelope of the registered mail? I'm sorry if this sounds like a silly question, but I would rather leave my address off if the secretary is going to sign for this. I have a feeling I have to put it on there though...
Yes, your address is the "Absender" = sender of the letter. The Post Office will ask you for this if you send registered letters
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  #26  
Old 25.02.2011, 11:47
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Re: How to resign

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Yes, your address is the "Absender" = sender of the letter. The Post Office will ask you for this if you send registered letters
Thank you. And thanks to everyone for all the helpful information in this thread!
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  #27  
Old 25.02.2011, 11:54
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Re: How to resign

While on this topic, I have a notice period of 4 months in my contract. However the contract does not stipulate any conditions or consequences if I give them less notice.

What can they legally do if I give them notice but then leave earlier? 4 months is quite long and any prospective new employer may not wait that long.
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  #28  
Old 25.02.2011, 12:01
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Re: How to resign

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While on this topic, I have a notice period of 4 months in my contract. However the contract does not stipulate any conditions or consequences if I give them less notice.

What can they legally do if I give them notice but then leave earlier? 4 months is quite long and any prospective new employer may not wait that long.
From my understanding there is absolutely nothing they can do, however its not a good way to leave a company and if contacted for references they might choose to disclose that.
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  #29  
Old 25.02.2011, 12:09
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Re: How to resign

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From my understanding there is absolutely nothing they can do, however its not a good way to leave a company and if contacted for references they might choose to disclose that.
Hm, just on this notice period topic. If you have X amount of holidays when you give your notice, they are required to let you take them, right? They cannot force you to work the full notice period without taking your legally obligated time off, correct? I've heard some places will pay the holidays out, but I would not like to do this.
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  #30  
Old 25.02.2011, 12:17
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Re: How to resign

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Hm, just on this notice period topic. If you have X amount of holidays when you give your notice, they are required to let you take them, right? They cannot force you to work the full notice period without taking your legally obligated time off, correct? I've heard some places will pay the holidays out, but I would not like to do this.
Sorry it took so long to reply - I was looking for the appropriate paragraph in the Obligationen Recht ("OR" if you want to quote it to your employer)

Art. 329a(3) says (literally translated): For an incomplete work year (the employer) must guarantee holidays during that year according to the duration of the employment.
So - basically holidays pro rata and you can insist on this
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  #31  
Old 25.02.2011, 12:56
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Re: How to resign

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The SwissID system was not mentioned in the post I commented on. General email is not a legal method of communication in CH (that I know of as of yet hence the introduction of Swiss ID).

And I am still not sure how you would prove receipt which is key in labour law.

Is resignation a legal step that requires agreement by both parties? As far as I know it is simply a notice to the organization, and the organization closes out the employment agreement. I find it hard to imagine a resignation later would go up for litigation in court. That sounds like 1 in a million cases.

So, therefore, I believe a resignation email is valid. Saves paper and postage.
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  #32  
Old 25.02.2011, 13:24
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Re: How to resign

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Sorry it took so long to reply - I was looking for the appropriate paragraph in the Obligationen Recht ("OR" if you want to quote it to your employer)

Art. 329a(3) says (literally translated): For an incomplete work year (the employer) must guarantee holidays during that year according to the duration of the employment.
So - basically holidays pro rata and you can insist on this
"During that year"....? But if our employee guidelines say we can have a carryover of days from last year (limited to X days that must be taken in the first half of the new year) does this mean I can still have my last holidays from 2010 + pro rata holidays until my notice period is over? I am hoping I wouldn't lose that week of holiday I never took in 2010 because they were working us to death.

Thanks so much for your answers!
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  #33  
Old 25.02.2011, 13:31
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Re: How to resign

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"During that year"....? But if our employee guidelines say we can have a carryover of days from last year (limited to X days that must be taken in the first half of the new year) does this mean I can still have my last holidays from 2010 + pro rata holidays until my notice period is over? I am hoping I wouldn't lose that week of holiday I never took in 2010 because they were working us to death.

Thanks so much for your answers!
Whatever you've got left over from last year is safe, meaning the company owes you that time (to be taken within the period stipulated in your employee guidelines), plus whatever you accrue pro rata until your official period of notice is over.
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  #34  
Old 25.02.2011, 13:49
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Re: How to resign

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Whatever you've got left over from last year is safe, meaning the company owes you that time (to be taken within the period stipulated in your employee guidelines), plus whatever you accrue pro rata until your official period of notice is over.
Ok, great. I am excited to resign now! You all have helped me. Now I just need to walk to the post and pay my 5CHF!
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  #35  
Old 25.02.2011, 14:05
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Re: How to resign

Your employer does not have to let you take the holidays if they need/want you to work. They do have to pay them out if they don't allow you to take them. I believe that is what you were asking.
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Old 25.02.2011, 14:16
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Re: How to resign

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From my understanding there is absolutely nothing they can do, however its not a good way to leave a company and if contacted for references they might choose to disclose that.
So if I leave early exactly because I already have a new one (who've accepted me therefore would be safe), are there any other negative ramifications?
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  #37  
Old 25.02.2011, 14:27
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Re: How to resign

may the smoke from the bridges you burn be seen far and wide
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  #38  
Old 25.02.2011, 14:31
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Re: How to resign

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may the smoke from the bridges you burn be seen far and wide
My fantasy resignation letter:


Dear Boss,

You're fired!

-Me
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  #39  
Old 25.02.2011, 17:21
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Re: How to resign

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Your employer does not have to let you take the holidays if they need/want you to work. They do have to pay them out if they don't allow you to take them. I believe that is what you were asking.

Are you sure about this? I have had Swiss friends telling me that it is really illegal for them to pay out your holiday. They are not allowed to do this. People do it on the sly because they want more money when they leave instead of days off, but these are holidays in your agreed signed contract that you have earned. Why should you not take them?

Do you have any referencese to the employment laws that would say they really can deny you your agree holidays?

There are also other things employers do that are illegal. It is supposedly illegal to make people work on Sunday without paying them overtime on their next salary, but some people just work for free anyway without their rightful pay.
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  #40  
Old 28.02.2011, 11:11
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Re: How to resign

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Are you sure about this? I have had Swiss friends telling me that it is really illegal for them to pay out your holiday. They are not allowed to do this. People do it on the sly because they want more money when they leave instead of days off, but these are holidays in your agreed signed contract that you have earned. Why should you not take them?

Do you have any referencese to the employment laws that would say they really can deny you your agree holidays?

There are also other things employers do that are illegal. It is supposedly illegal to make people work on Sunday without paying them overtime on their next salary, but some people just work for free anyway without their rightful pay.
I can also confirm this. An employee is legally obliged in Switzerland to "serve" out his full notice period. If this means that "owed" holidays are not used, the employee will be paid out accordingly.

In addition, as mentioned by previous posts, I would recommend doing this without too much fuss, as your reference letter could be affected. In Switzerland, an employer cannot give a "bad reference" (i.e. this person was terrible), they can though omit certain things from your reference. An example of this is the phrase using the word "bedauern" (i.e. we "regret" that the person decided to leave) and the person left on his own accord.

From my experience, HR are usually quite well attuned to the relevant phrases in referance letters and what they imply...
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