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Old 06.04.2011, 11:41
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Legal challenge

Can someone inform me of the true definition or redundant according to Swiss law?
If I do not agree with the reasons for being made redundant and would like to challenge the decision, what are the next steps?
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Old 06.04.2011, 11:44
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Re: Legal challenge

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Can someone inform me of the true definition or redundant according to Swiss law?
If I do not agree with the reasons for being made redundant and would like to challenge the decision, what are the next steps?
Have they given you the usual notice, as per your contract?
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Old 06.04.2011, 12:02
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Re: Legal challenge

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Can someone inform me of the true definition or redundant according to Swiss law?
If I do not agree with the reasons for being made redundant and would like to challenge the decision, what are the next steps?
The next steps would probably be:

  • you consult a lawyer

  • lawyer asks you if the employer has met the notice period and any others conditions specified in your contract of employment
If "YES"
  • you pay the lawyer
  • End.
If "NO"
  • you pay the lawyer
  • the lawyer sends and receives some letters
  • you pay the lawyer
  • the employer meets their contractual requirements
  • you pay the lawyer
  • End.


And, of course, Welcome to EF!
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Old 06.04.2011, 14:02
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Re: Legal challenge

As I understand it you're given a 30 day period from the point at which you were advised of being at risk of redundancy, during which you are entitled to prepare a challenge as to why your role / position should not be made redundant.

At the end of that 30 day period, if your case is sufficiently compelling, then I guess you will not be made redundant - however if not, then you will be.

How you choose to prepare your challenge is (again a guess) entirely up to you but it would seem to make sense to base your challenge around dissecting the reasons that you have been advised you are at risk of redundancy. Taking legal advice would appear to make sense but will likely prove expensive, especially if you end up not getting the answer you wanted.
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Old 06.04.2011, 14:20
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Re: Legal challenge

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Can someone inform me of the true definition or redundant according to Swiss law?
If I do not agree with the reasons for being made redundant and would like to challenge the decision, what are the next steps?
Losing battle. If anything you'll get compensated with one month's wage. That's as a reward for hundreds of hours and maybe thousands of francs lost with stress, legal fees, etc. Switzerland is not like the US or other more sue-happy countries.

Not worth it. Use your energy to find a different employer instead.
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Old 06.04.2011, 15:29
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Re: Legal challenge

Thanks for the responses.

The redundancy conditions have been fully met and I will be comfoirted by the generours Swiss Unemployment package.

As suggested by Terry Hall, I will make a challenge within 30 days and have also made an appointment with a legal consultant who charges 50Chfs for 30 minutes. These consultants are like Citizens Advice Bureau's and are worth the effort before deciding on a serious challenge if evidence is compelling. The reason I'm challenging is that the job is not redundant and being carried out by other staff members and there was no financially reason stated for making the job redundant. I think many mistakes have been made by the employer and would rather fight for my rights regardless of costs.
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Old 06.04.2011, 15:35
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Re: Legal challenge

I'll be honest with you: In Switzerland companies can basically hire and fire at will.

I don't know where you are from as you didn't write an introduction (got the hint this time?)... but it is not like in Germany or Italy where an employer has to meet tough requirements to fire somebody. If the company decides it is "economically necessary" without much further financial explanation, they can fire you. Best bet is if the usually not too competent HR makes some formal mistake - I once managed to fight for a extnesion of the notice period. But fighting the cause? Forget it. Better spend your energy on finding an new job.
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Old 06.04.2011, 15:36
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Re: Legal challenge

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I think many mistakes have been made by the employer and would rather fight for my rights regardless of costs.
I wish you good luck of course, but I'm a bit bewildered, since there is no "right" to your job... it can be scratched for no reason at all, as long as they keep to the law and contract, unless I am misunderstanding something here...
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Old 06.04.2011, 15:40
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Re: Legal challenge

In geneva you could contact the Tribunal des Prud'hommes which deals with labour disputes. I understand they also used to give free advice. Don't know whether it is still the case.

http://ge.ch/justice/tribunal-des-prudhommes
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Old 06.04.2011, 15:42
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Re: Legal challenge

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Thanks for the responses.

The redundancy conditions have been fully met and I will be comfoirted by the generours Swiss Unemployment package.

As suggested by Terry Hall, I will make a challenge within 30 days and have also made an appointment with a legal consultant who charges 50Chfs for 30 minutes. These consultants are like Citizens Advice Bureau's and are worth the effort before deciding on a serious challenge if evidence is compelling. The reason I'm challenging is that the job is not redundant and being carried out by other staff members and there was no financially reason stated for making the job redundant. I think many mistakes have been made by the employer and would rather fight for my rights regardless of costs.
Can I be the Devil's advocate and suggest they thought you just weren't up to scratch for the position?
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Old 06.04.2011, 15:44
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Re: Legal challenge

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Thanks for the responses.

The redundancy conditions have been fully met and I will be comfoirted by the generours Swiss Unemployment package.

As suggested by Terry Hall, I will make a challenge within 30 days and have also made an appointment with a legal consultant who charges 50Chfs for 30 minutes. These consultants are like Citizens Advice Bureau's and are worth the effort before deciding on a serious challenge if evidence is compelling. The reason I'm challenging is that the job is not redundant and being carried out by other staff members and there was no financially reason stated for making the job redundant. I think many mistakes have been made by the employer and would rather fight for my rights regardless of costs.
Just to be clear, my post wasn't a suggestion - it was just my understanding of how the "challenge" works for redundancies in Switzerland.

If you wanted my suggestion, I'd agree with everyone else who advised you to spend your time finding a better employer.

Ask yourself this - having been "made redundant" for whatever reason (valid or not) do you really want to go back and work for the same people?? I know I wouldn't.
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Old 06.04.2011, 15:59
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Re: Legal challenge

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Ask yourself this - having been "made redundant" for whatever reason (valid or not) do you really want to go back and work for the same people?? I know I wouldn't.
This is exactly what I was thinking. I wouldn't want to go back to work there. Personally, I'd spend my time looking for a new job.
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Old 07.04.2011, 11:58
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Re: Legal challenge

Thanks again for all the feedback.

No, I would not want to go back but am very strong willed when it comes to justice being served. I don't care too much about the costs involved as I can absorb them.

I have had no complaints about my work nor writen warnings. I achieved an above average appraisal so you can see why this has come as a shock. In fact I did in one year what the company failed to achieve in four! I have the evidence to back my case in court if required. I'm originally from the UK but have full-time worked in Switzerland for the past 5 years. If I do or do not go back, well I want that to be my decision not the employers. If I can win the fight and some publicity comes from it, then at least it will serve a warning to others about the reputation of the company.
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Old 07.04.2011, 12:02
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Re: Legal challenge

That's something specific about swiss labour law. Employers can terminate employees contracts without giving a justification. They only need to respect the notice periods and other conditions of the contract.
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Old 07.04.2011, 12:11
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Re: Legal challenge

i know someone who was fired by a major employer in CH, he took it to court and the company lost and had to pay significant damages.... its not always a 1 way street.
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