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  #21  
Old 13.05.2011, 13:41
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Re: Lost my job due to illness

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Sorry to hear that.

Best get down to RAV immediately. as BB2 said, get ready to enjoy the Summer off.
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I don't intend to take the company to court, was just just looking for clarification of my position.
Do get down to the RAV right away and tell them everything. They will give you the best advice on the matter. If the employer was in the wrong, they will spot it and set you on the right path.
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  #22  
Old 13.05.2011, 13:41
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Re: Lost my job due to illness

That's ok. The Arbeitsgericht of Zurich is not a big deal.

It's sort of a small things court.

After all we don't speak here of a case about to be presented at the
Federal High Court in Lausanne or so.



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I don't intend to take the company to court, was just just looking for clarification of my position.
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  #23  
Old 13.05.2011, 13:42
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Re: Lost my job due to illness

Yes - that's also a really good option or path to take !

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Do get down to the RAV right away and tell them everything. They will give you the best advice on the matter. If the employer was in the wrong, they will spot it and set you on the right path.
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  #24  
Old 13.05.2011, 13:51
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Re: Lost my job due to illness

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For unemployment benefit you must have been contributing for a period of a minimum of 12 months in the last 2 years. Are you elegible?

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I have been with the company for just under six months. Before this job I had worked for 3 years at another Swiss company
Recon thats a yes
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  #25  
Old 13.05.2011, 13:52
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Re: Lost my job due to illness

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if the company dr gave you that advise then its a whole different ball game, what does your contract say about termination? they have to stick with that.
my contract says I can be sacked in the first year with one months notice.
I was asked to see the company doctor and brought him my MRI scans. He said I could need another 6 to 8 weeks and four weeks later I was sacked. After 3 weeks off, I did go back to work 50% for 2 weeks but the hospital surgeon advised against that and said 100% rest was necessary
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Old 13.05.2011, 13:53
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Re: Lost my job due to illness

Yes, he is. The post mentions something about "worked 3 years for another company".

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For unemployment benefit you must have been contributing for a period of a minimum of 12 months in the last 2 years. Are you elegible?
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  #27  
Old 13.05.2011, 13:54
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Re: Lost my job due to illness

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my contract says I can be sacked in the first year with one months notice.
I was asked to see the company doctor and brought him my MRI scans. He said I could need another 6 to 8 weeks and four weeks later I was sacked. After 3 weeks off, I did go back to work 50% for 2 weeks but the hospital surgeon advised against that and said 100% rest was necessary
Sounds like the company is in trouble then. The RAV folks will tell you how to handle it; it's important that you do it right as it can have repercussions later on.
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  #28  
Old 13.05.2011, 13:55
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Re: Lost my job due to illness

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my contract says I can be sacked in the first year with one months notice.
I was asked to see the company doctor and brought him my MRI scans. He said I could need another 6 to 8 weeks and four weeks later I was sacked. After 3 weeks off, I did go back to work 50% for 2 weeks but the hospital surgeon advised against that and said 100% rest was necessary

MUD gave the best advise, get yourself down the rav now, take all the documents you have etc and let them decide, your supposed to tell them as soon as you know your losing your job anyway.

then go home, don't worry as one way or another someone has to pay you, the rav or your employer, and relax in the sun and get better.
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  #29  
Old 13.05.2011, 13:55
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Re: Lost my job due to illness

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I have a desk job but couldn't work from home, otherwise I would have done so.
Id check it out more thoroughly ...i think there are some "rules" in Switzerland, i.e. you can only quit someone after they have been sick for a continuous period of 6 months.
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  #30  
Old 13.05.2011, 14:16
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Re: Lost my job due to illness

Thanks for all your help folks. Let me give you the long version of exactly what has happened:

Last June I injured my wrist while playing football. The doctor said it was just swollen and would heal by itself in a few weeks. In November it was still sore so I went for an MRI which revealed a broken scaphoid fracture. I mentioned this at my medical exam for my new company (in November, started work in December) and said I planned on seeing a specialist to determine what to do about it. The company doctor said fine and I passed the medical without any problems.
In January I saw a specialist who recommended surgery. My wrist was operated on at the beginning of March and 2 weeks later I was back at work. After a week back, I then suffered a hernia in my cervical spine. I was off work for 3 weeks (during which time I went to see the company doctor on the request of HR), back at 50% for 2 weeks and then off again after visiting a neurosurgeon at the hospital. I had hoped to be back at work full time from the 23 May and just one week before my planned return I was sacked (I have provided certificates for all absences).

I could understand if they said I needed to take unpaid leave until I was fully fit or use my holiday entitlement (5 weeks) but sack me a week before I was due to go back?
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  #31  
Old 13.05.2011, 14:27
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Re: Lost my job due to illness

Does this apply to only CH/EU nationals or non-EU also?

What about non-EU who are working here on a temporary onsite assignment (base location being India)? Thanks.

As far as I am aware of (I could be wrong tho), the RAV option exists only if you are a CH/EU national.


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Sorry to hear that.

Best get down to RAV immediately. as BB2 said, get ready to enjoy the Summer off.
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  #32  
Old 13.05.2011, 14:31
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Re: Lost my job due to illness

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Does this apply to only CH/EU nationals or non-EU also?

What about non-EU who are working here on a temporary onsite assignment (base location being India)? Thanks.

As far as I am aware of (I could be wrong tho), the RAV option exists only if you are a CH/EU national.
I don't know but I am an EU national
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  #33  
Old 13.05.2011, 15:04
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Re: Lost my job due to illness

What was the reason for being sacked?

You should get yourself an attorney. Your rights have been violated most likely.
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  #34  
Old 13.05.2011, 15:05
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Re: Lost my job due to illness

I thought that it is possible to terminate a contract when an employee is off sick during the first year? This is what I was told when the company I was working for was doing mass lay-off's & I was off sick. I was still made redundant as I had only been employed for 8 months or so.

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It's illegal to terminate a contract, when the employee is sick resp. can provide a doctor's certificate.

Get a lawyer specialized in Arbeitsrecht.

The lawyer association of Zurich has a search function on their website. http://www.zav.ch/home/index.html?newLangID=en

But you will need one of your own canton.

Personally I can recommend: http://www.fnp-law.ch/

Good luck and enjoy the summer
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  #35  
Old 13.05.2011, 15:06
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Re: Lost my job due to illness

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I just lost my job due to an illness related absence. I have been off sick on my doctors advice after suffering a hernia and today I was told that my contract is being terminated I have been with the company for just under six months. Is this legal? Is there any legal service I can consult? Am I entitled to any compensation beyond unemployment benefit? Before this job I had worked for 3 years at another Swiss company which I left to take up this position.

I would appreciate any advice you could give.
Hi,

Sorry you lost your job.

I would get in touch with the union asap, they offer free legal advice, and also assist with everything else like to get a good Arbeitszeugnis (written employer's reference for future job) etc.
The rav is a good point of contact as well, though their aim is to pay as little as possible and often side with the employers, so better to have someone backing you up who will advise what all your rights are.
(And the union has very good relationships with some people at the rav, so your interests will be represented with some more weight as if you deal with them on your own.)
http://www.unia.ch/Contact.592.0.html


All the best, things will be better
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  #36  
Old 13.05.2011, 15:28
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Re: Lost my job due to illness

I'm sorry to hear you lost your job especially due to a hernia.
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Old 13.05.2011, 15:29
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Re: Lost my job due to illness

I meant to say that the only help or advice I
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  #38  
Old 13.05.2011, 15:29
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Re: Lost my job due to illness

I meant to say that the only help or advice I can give is I know a good english speaking lawyer if you need one
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  #39  
Old 13.05.2011, 15:33
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Re: Lost my job due to illness

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I'm sorry to hear you lost your job especially due to a hernia.
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I meant to say that the only help or advice I
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I meant to say that the only help or advice I can give is I know a good english speaking lawyer if you need one
Take a deep breath now, Dack's gonna be alright!
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Old 13.05.2011, 16:05
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Re: Lost my job due to illness

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I would get in touch with the union asap, they offer free legal advice, and also assist with everything else like to get a good Arbeitszeugnis (written employer's reference for future job) etc.
I don't want to be the spoilsport here but seriously:

a) You can get fired in Switzerland easily. Employers can simply say "for economic reasons" and kick out who they want.... especially as the OP is not some case of social hardship being a father of five and only months away from retiring or something.

b) notice period is one month.

c) he has been fired today, that's the 13th. If it was the 31st and there was a case that they cannot fire him on a day where he was officially signed off, you could possibly fight for one more month. As it is the beginning of the month, I do not think any Swiss court will see a case here...

d) honestly: Unless any of you has first hand experience on how hight the legal costs are and how high your chances are, stop telling him to go to a lawyer or court: The possible gain is minimal, one more month at max, while the possible financial risk might be huge.

e) reference letter. Yes, you need to get a one and it should be positive and factual. In this case was the OP actually only there working for some few weeks. What can he expect more than a letter saying "he was employed from x to y and his duties were..." ? You will not get a lot of praise and you will not have a lot of achievements to mention, no?

I have been in a similar situation and managed to fight for an extra month when an employer tried to screw me (well, not my boss but the nastiest HR manager I ever met). I would go for a direct discussion and not run to a lawyer or union or any external party. At that point you lost any goodwill you probably still have and they will give you the legal minimum, produce the documents as slow as they are legally allowed to and so on... karma comes in a full circle.
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