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  #41  
Old 27.04.2011, 10:02
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Re: Unfair employer

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Hi guys,
i read your comments, thank you for your opinions and suggestions.
No i didn´t get paid yet. Days go by, i call him, but he just keeps promising ''oh you know it´s the beginning, and for me it is hard to start'' and so on and so on... of course i don´t give a damn if it´s hard for you, i need to survive somehow here. For example i called him last wednesday and told him that i want to go to visit my family on easter,i need my money. he told me ok ok now i don´t have money,but tomorrow i´ll call you and i´ll give you money. of course on thursday it was even ''better'' - he didn´t call me, he asked a girl (she works as a secretary there) to tell me that he is very sorry, he can´t pay me today, and he has to go back to his country for some time...so i spent my easter here alone of course....
Yes i work in Zug, my position is Operations manager, it´s a new company, and i don´t want to mention here more about it, i don´t want to be that ''badguy'' and spread a bad word about it...maybe it´s because that my boss is from India and mybe they are mingy ( no offence, i´m not a racist or something, just heard this opinion, and for me it´s the first time when i work with Indian guy)...
To be brutally honest, you may as well stay at home - I assume you are travelling from Olten to Zug each day.

It is highly unlikely that this business will survive. Taking the legal route may well just cost you money and if the company has no assets and a long list of debtors. When an employer cannot even pay the wages, then the doubtless such things as VAT, and insurance, social/state pension payments have also not been made.

Put it down to bitter experience and look for a new job and be sure to get a contract before starting work.

If you do go into work, you may like to introduce a virus to the computer system, or delete a few crucial files, but don't say I told you to...
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  #42  
Old 27.04.2011, 10:07
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Re: Unfair employer

Well the only thing is that if you register the debt as salary and he hasnt paid avs etc, then if he does go bankrupt, it is a penal offence and the authorities will take over. You might not get any money but some satisfaction
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  #43  
Old 27.04.2011, 12:46
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Re: Unfair employer

No i don´t go to the office for a long time, in the beginning we agreed that for a few weeks i´ll work from home, cause company is new, offices are not ready,computers are only ordered and so on, so i can properly work from home,cause at first i had to send emails, find new contacts,make agreements, sign them and so on,so this started from 16th of february, so i thought that from 1st of march everything will be ok, but then he started to give those promises that i´ll give a contract, lawyers are working on it now,i thought ok,i´ll wait, maybe in foreign country it takes time to write it,and we agreed that i´ll get my first salary in the end of march - for 1,5 month. so in february-march i went to the office maybe 7-8 times. Then the end of March has come, i didn´t get my salary, and my contract...and until the end of the month i thought that everything will be ok.. so in the beginning of april i started to call and call him,asking for money...well i already told about his answers in previous post..
now i sent him a loooong strict email,that i want you to pay me today,or i´ll take legal actions against you, and from tomorrow you can relax, don´t stress about anything ( as he told me this once) cause you will go down with your company.
Let´s see what happens today...
I regret only about one thing, that i didn´t record all those conversations by phone, i completely forgot about this function in my cell..
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  #44  
Old 27.04.2011, 13:08
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Re: Unfair employer

honestly, i would take the advice of others and wait it out for a job that can provide a contract that way you aren't at risk of being an illegal employee. when we first arrived, i worked for a small business that was very late giving me a contract (i didn't know any better at the time) and when they finally sent it too me, along with depositing my salary (2 weeks late) they lowered the agreed salary by half for a trial period for the first month . unfortunately, i had not proof of the salary they had promised me and i quit after a long discussion about this showed me what dishonest people (expats, no less!) they were, i decided i'd rather wait it out for a job that was more considerate of their employees- and that would be my advice to you, better to take the time to find an employer that takes care of the legalities and paperwork that they need to- it just shows you how they care for their employees...
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  #45  
Old 27.04.2011, 13:15
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Re: Unfair employer

When you mention "make agreements and sign them", I hope they weren't for things that you might find yourself liable for.
Anyway the guy's a conman and you really ought to just walk away from the situation. You have bent over backwards to give him a chance and he has fobbed you off with a load of nonsense (to put it politely). To be frank, even if he does come up with a contract and cash, I wouldn't trust him not to revert to the same behaviour at a later date.
Incidentally it's not going to look great on your CV that you frittered away your time being exploited by someone like that. Stay any longer and you will start looking like a bit of a fool yourself. Sorry to be so blunt, but I have absolutely no time for people who set up in "business" without the minimum knowledge of how to organise a simple contract and who exploit their employees in this fashion. Good luck and I hope you find a much better job and boss in the future.
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  #46  
Old 27.04.2011, 13:46
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Re: Unfair employer

http://www.zug.ch/behoerden/volkswir...-iv-stelle-zug

This is the address of the AHV office ("social security") in Zug. If you can, give them a call (or ask a German-speaking colleague) or write them an email (with cc to your so-called employer) asking whether or not he's registered you, as he is bound to by law. That might wake him up a bit
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  #47  
Old 27.04.2011, 15:54
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Re: Unfair employer

Today you have started a thread about"Mminimum salary in Switzerland" which has 41 posts.

Salary - is there a minimum wage in Switzerland?

This thread is virtually the same subject and has reached 49 posts.

What have you done except moan? Nothing! You haven't stopped working, and I have lost my patience.

DO NOT WORK FOR THIS MAN!

.
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  #48  
Old 27.04.2011, 16:19
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Re: Unfair employer

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First of all,do you have a valid permit?
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What kind of permit do you have?
You still haven't answered what permit you have, or if you have a valid permit.

Coming from an EU-8 country, I guess it's less likely that you have a permit that allows you free movement in the job market (and I would find it surprising if your enterprising employer would go through the effort of applying for a permit for you to work there).

The permit type will heavily influence the options available to you.
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  #49  
Old 27.04.2011, 16:29
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Re: Unfair employer

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You still haven't answered what permit you have, or if you have a valid permit.

Coming from an EU-8 country, I guess it's less likely that you have a permit that allows you free movement in the job market (and I would find it surprising if your enterprising employer would go through the effort of applying for a permit for you to work there).

The permit type will heavily influence the options available to you.

Yeah she has, it's in the other thread - she's under the impression that she can use the three month visitor permit (though you still need to register with the gemeinde for that, which I highly doubt she has done), so, no permit.
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  #50  
Old 27.04.2011, 16:39
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Re: Unfair employer

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Yeah she has, it's in the other thread - she's under the impression that she can use the three month visitor permit (though you still need to register with the gemeinde for that, which I highly doubt she has done), so, no permit.
Then she's always going to struggle for fair treatment because those employers willing to risk prosecution by employing a "black worker" aren't going to be running any employee satisfaction programs. They're more interested in how much cash they can save.
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  #51  
Old 28.04.2011, 01:05
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Re: Unfair employer

And if he doesn't pay her, he isn't employing her!
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  #52  
Old 26.09.2011, 15:16
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Re: Unfair employer

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Under Swiss law you do have a contract and as there is no written agreement the general laws according to the Swiss Code of Obligations apply. You certainly have the right to be paid. I suggest that you go to one of the legal advice centers for employment law listed here: http://www.awa.bs.ch/rechtsberatungen-kantone.pdf.
Hi,

I have a similar situation but probably more severe. I'm Australian, I was recruited by the University of Lausanne (UNIL) to work on a project for a period of 3 months. I received an offer of contract and an invitation to come and begin work. I arrived as requested, with my infant son, and commenced work on the due date. When I asked about my work permit, or rather lack of it, I was told that it was a "Permis en demande" and I should use that phrase in my applications for accommodation, childcare and so on. I was told continually that my permit would arrive next week, that it was now in Bern, or the Police des étrangers, le Service de la population (SPOP) and so on. When I went to the police des étrangers to register my arrival and was told by them I had no need to do this and it that all this would be handled by the university as I was only employed for 3 months. Around and around it went for those 3 months and during this time all of my requests for my salary were deferred saying it would be back-dated, or an advance could be made and so on. At the end of the 'contract' I still had had no satisfaction and then, being also in a 'situation irreguliere' (after a stay of 3 months) I left the country. I still have not been paid and it is now almost 2 years and the loss of considerable savings and an enormous debit still weighs heavily on my credit card.

I have now returned to Switzerland this year (2011) and (with a loan from a friend) I have founded my own company (SARL) working in Biomedical Engineering.

What can I do? Is there any legal recourse to recover my unpaid salary? Can you recommend where I might obtain legal counsel?

I have been thinking that instead of plunging into the murky world of lawyers and legislation I might be able to offer the university a circuit-breaker of sorts by simply presenting them with a bill (from my company) for the services rendered. Does this make any sense?

Any advice would be so helpful as this situation is very difficult, especially dealing with the debt and accruing interest.

Thank you
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  #53  
Old 26.09.2011, 15:59
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Re: Unfair employer

heh. sounds like standard operating procedure working for an indian company. first they delay payment and when they get round to it, they suggest paying 30% of what you agreed. then delay more and then suggest 15%. never again!
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  #54  
Old 27.09.2011, 01:24
Ittigen
 
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Re: Unfair employer

In every Canton is an Employment Court. You can get free advice and take out a prosecution, free of charge. The Court has the power to close the offending company until your salary has been paid.

http://www.vd.ch/fr/autorites/ordre-...de-prudhommes/

Kanton Waadt
Chancellerie d'Etat
Château cantonal
1014 Lausanne
+41 - 21 - 316 41 59
+41 - 21 - 316 40 33
info.chancellerie@chancellerie.vd.ch

Tribunal cantonal (TC)
Palais de Justice de l'Hermitage
Rte du Signal 8
1014 Lausanne 021 - 316 15 11
021 - 316 13 28

Tribunal administratif (TA)
Av. Eugène-Rambert 15
1014 Lausanne 021 - 316 12 50
021 - 316 12 51

Tribunal des mineurs (TMIN)
Ch. du Trabandan 28
1014 Lausanne 021 - 36 68 00
021 - 316 68 12

Tribunal des baux (TBX)
Ch. de Mornex 38
1014 Lausanne 021 - 316 67 67
021 - 316 67 77

Office cantonal du Registre du commerce (RC)
Rue Grenade 38
1510 Moudon 021 - 905 81 21
021 - 905 81 11

Office du tuteur général (OTG)
Ch. de Mornex 32
Lausanne 021 - 316 66 66
021 - 316 67 19

Last edited by Ittigen; 27.09.2011 at 01:41.
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  #55  
Old 27.09.2011, 11:10
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Re: Unfair employer

Thank you very much for your reply I will certainly look into this. As a "newbie" I'm not sure if my post is public or private, i.e. do others see it ?
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  #56  
Old 27.09.2011, 11:42
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Re: Unfair employer

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Thank you very much for your reply I will certainly look into this. As a "newbie" I'm not sure if my post is public or private, i.e. do others see it ?
I can't see it, if that helps...
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Old 28.09.2011, 22:01
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Re: Unfair employer

Hello there

I have been in similar situation. And my case is that once I asked abt the salary and asked a contract, the boss just fired me after two months.

Good news (relatively speaking) is, yes there is free employment legal service that is there to help. I wrote to the kanton that my company belongs to and they direct me to the person to is responsible of my district.

Basically they give you a form to fill in and they will help you to make a claim for free. They would first advice you to write to your boss a registered letter and allow them ten days to pay the outstanding salary, if they failed to do so the court will take action for you.

The kanton is quite helpful in a sense that they even suggest an integration officer to help me with the form filling in case my German is not so good. Yet the form is indeed very simple so dont worry about it.

Take quick action, you know I worked in a nursery (who can imagine a small nursery can have such complications) and the boss always said its new (turn out its already opened for 1.5 yrs) and he needs time to handle everything, trust me, these coward never will, they dont care to make people wait, they are just interested in themselves, when they think they had enough of your questionings they will fire u. dont be a fool and make plans (like buying train ticket, rejecting other job opportunities, taking course accommodating to this work schedule etc) for this ruthless and irresponsible company.
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Old 28.09.2011, 22:08
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Re: Unfair employer

i am sorry to hear your story. i think as i said, wrote to the kanton to ask them to refer you to the employment court (amt der arbeit etc) and then they will help you to make a claim. important is you have to keep all your documents at hand as they need it all to make claims on your behalf. i hope you are still keeping them with you.

by the way, just like my case with my boss in a nursery, i think contacting the newspaper is also an option. cos they are not private business but is a school that is heavily aware of their public reputation. may be some newspaper is interested in reporting your story.

for the money and for making those who have committed crime to know that they should not take advantage over foreigners (but i think in my case my boss has cheated on local staff as well as i was told) i think u should take action.

good luck!


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Hi,

I have a similar situation but probably more severe. I'm Australian, I was recruited by the University of Lausanne (UNIL) to work on a project for a period of 3 months. I received an offer of contract and an invitation to come and begin work. I arrived as requested, with my infant son, and commenced work on the due date. When I asked about my work permit, or rather lack of it, I was told that it was a "Permis en demande" and I should use that phrase in my applications for accommodation, childcare and so on. I was told continually that my permit would arrive next week, that it was now in Bern, or the Police des étrangers, le Service de la population (SPOP) and so on. When I went to the police des étrangers to register my arrival and was told by them I had no need to do this and it that all this would be handled by the university as I was only employed for 3 months. Around and around it went for those 3 months and during this time all of my requests for my salary were deferred saying it would be back-dated, or an advance could be made and so on. At the end of the 'contract' I still had had no satisfaction and then, being also in a 'situation irreguliere' (after a stay of 3 months) I left the country. I still have not been paid and it is now almost 2 years and the loss of considerable savings and an enormous debit still weighs heavily on my credit card.

I have now returned to Switzerland this year (2011) and (with a loan from a friend) I have founded my own company (SARL) working in Biomedical Engineering.

What can I do? Is there any legal recourse to recover my unpaid salary? Can you recommend where I might obtain legal counsel?

I have been thinking that instead of plunging into the murky world of lawyers and legislation I might be able to offer the university a circuit-breaker of sorts by simply presenting them with a bill (from my company) for the services rendered. Does this make any sense?

Any advice would be so helpful as this situation is very difficult, especially dealing with the debt and accruing interest.

Thank you
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