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Old 26.04.2011, 13:58
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work contract seems very dubious

Hello,

I wonder if anyone can help. My wife has a B permit and she is looking for work. She approached a company looking for work (the company is a farm that only employs emigrants) and they said ok you can come and work for us and send her a written contract. having received the contract, looking at it looks more slavery than anything else. It's a seven month contract starting in may and ending in Dec 31st. Working hours are 55 a week. They mention her discounts (she will be taxed at source, social security and so on) But no mention on the percentages or amount. No holiday's are mentioned, or overtime. the 55 hours sounds way off the legal working times. I have the idea of 50hours max per week - anything above that is considered overtime.

If we don't send the signed contract are we still contractually bound orally?

If we did send the sign contract is there a cooling off period, where both parties can breach the contract (not the notice period), no questions asked?

Does this sounds fishy to anyone? Any coments are very appreciated.
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Old 26.04.2011, 14:05
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Re: work contract seems very dubious

Has your wife asked the employer these questions yet? Might be a start.
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Old 26.04.2011, 14:08
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Re: work contract seems very dubious

Yes, she did ask but no reply so far.
She has another interview lined up for next week (for a hotel) that's why I was asking about contract breach.
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Old 26.04.2011, 14:11
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Re: work contract seems very dubious

Im not sure you can expect too much from a farm that only employs immigrants... they likely do so for a reason, ie: to get away with giving as little as possible in return for getting the work. If you have a problem with the contract I imagine they won't care one bit, in their mind there's probably a thousand more immigrants who are desperate for the work.
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Old 26.04.2011, 14:13
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Re: work contract seems very dubious

I think it may be legal since it is "seasonal work" but I'm not 100% sure.

Edit: I have Googled the issue and it seems that 55 hours is the norm for farmwork (Landwirtschaft) and is regulated through a Normalarbeitvertrag (NAV).

Last edited by Tilia; 26.04.2011 at 14:58.
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Old 26.04.2011, 15:39
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Re: work contract seems very dubious

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I think it may be legal since it is "seasonal work" but I'm not 100% sure.

Edit: I have Googled the issue and it seems that 55 hours is the norm for farmwork (Landwirtschaft) and is regulated through a Normalarbeitvertrag (NAV).
Correct, 55 hours is normal in farm work, also taxi drivers can work long hours. Everything else is covered in the GAV (General Arbeits Vertrag).

If she returns the contract then it would be binding. She might want to join a union to be sure of her rights, http://de.wikipedia.org/wiki/Unia
http://www.unia.ch/ Can she not find other work, farmwork would be my last choice!

Office workers have a maximum of 42 hours. Labourers have a max. 45 hours. These are average maximum hours, at peak times you might have to work 60 hours.
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Old 26.04.2011, 15:52
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Re: work contract seems very dubious

We tried to find work, all the agencies replied, whith no German very difficult to find work. She attended German lessons, she speaks and understands very basic german now and is on the lookout again. we have another interview lined up in a hotel in part-time. Should I "cook" them until have a response from the hotel?
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Old 26.04.2011, 15:55
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Re: work contract seems very dubious

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We tried to find work, all the agencies replied, whith no German very difficult to find work. She attended German lessons, she speaks and understands very basic german now and is on the lookout again. we have another interview lined up in a hotel in part-time. Should I "cook" them until have a response from the hotel?
What is her skillset? If she speaks English, that should increase her chances a bit. Lots of people settle here without knowledge of the local language but speak good English and that gets them in somewhere.

Bar work would be another possibility - you don't need a vast range of vocabulary and English often is needed.
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Old 26.04.2011, 16:08
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Re: work contract seems very dubious

Even working for a cleaning company is better than farm work. Has she looked at Arbeitsvermittler websites?

http://www.adecco.ch/en-US/Pages/default.aspx

http://www.treffpunkt-arbeit.ch/jobs...infache_suche/

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Old 26.04.2011, 16:32
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Re: work contract seems very dubious

She has a degree in Archaeology and speaks resonable English and basic German. Any tips for Archaeologist in Switzerland?
Working in a cleaning company, housekeeping, Nanny wouldn't be a problem.
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Old 26.04.2011, 16:37
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Re: work contract seems very dubious

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She has a degree in Archaeology and speaks resonable English and basic German. Any tips for Archaeologist in Switzerland?
Working in a cleaning company, housekeeping, Nanny wouldn't be a problem.
How about helping your wife getting her diploma recognized? Here.

She will simultaneously need to work a lot on her local language, so she can have a career corresponding to her prior education and investments.
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Old 26.04.2011, 16:38
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Re: work contract seems very dubious

Get her to send her CV and any papers she has written to the ETH (Uni) in Zurich. They have an archeology section and often international studies in many subjects are done in English. Maybe they have some open positions (research?). You never know what might turn up till you try.

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Old 26.04.2011, 16:39
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Re: work contract seems very dubious

We checked that and because is not a registered profession like nurse or doctor, it's up to the employers to recognize her diploma. Unless she would go for further education then it would be required.
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Old 26.04.2011, 16:48
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Re: work contract seems very dubious

I don't have the contract with me, but i think it was 3140CHF for 55 hours. Not that far off. How did you do in the end?
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Old 26.04.2011, 16:51
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Re: work contract seems very dubious

And how about her going for further education, then? Her degree could be evaluated and accepted. While she is working on her German (universities offer German as part of their curriculum, anyways) and while she is looking for some other job here and there. An educated, English speaking archeologist who is furthering her education, looking for some summer or seasonal work, might have better chance. She could, by the way, offer Russian courses as well, in uni there are a bunch of exchange students who always post language exchange messages. I would opt for this route, nothing wrong with looking for nannying, cleaning and farming work, but since your wife already have a completed level of edu, why not bulding on it.
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Old 26.04.2011, 17:35
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Re: work contract seems very dubious

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I don't have the contract with me, but i think it was 3140CHF for 55 hours. Not that far off. How did you do in the end?
Turned it down, not so much for the fact that the money was s&%t but it was hundreds of kilometers away from where we lived at the time.
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