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  #81  
Old 14.06.2011, 14:13
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Re: Contract termination and offered a much lower work %

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On the contrary, I wished her luck.
However, I don't think the type of employer she appears to have, and you have described, is likely to give them additional time off, particularly when you suggest telling them you to take the 60% offer, on the basis that they tell the employer they will be looking for other 100% work. If I were the employer, I would say fine, take your notice, I'll get someone else who wants to work 60% long term
During the notice period it's a legat requirement, employer has no choice in the matter. The commitment to both parties is just the notice period!

Take the 60% job, then look for whatever you want, don't need to say anything to the employer, give notice when you find a better job. There is no requirement to work 60% long term, looks better than being uneployed long term, also will be entitled to further unemployment benefit based on the 60% job & any other work done.

If business picks up, it's possible that the job could revert to 100%, flexability is the name of the game in CH

What people actually want, and the way the Swiss las works is not always the same, that applies to both employer & employee!
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  #82  
Old 14.06.2011, 14:26
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Re: Contract termination and offered a much lower work %

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You have a 100% contract, any changes to that (from 100 to 60%) require the proper legal notice period.

If you do not accept the 60% contract the RAV state that you got yourself fired, and will fine you 6 weeks support (30 days' unemployment money) !

Accept the 60% contract, make sure it begins after the notice peiod of your present contract. If it doesn't go to the "Arbeitsgericht" (Swiss court for employment) whom will give you free advice on what to do next. They have the power to stop a company trading immediately.

Sign on with the RAV and get the above mentioned unemployment compensation.

You don't have any better choices!
I was unemployed here for 3 years in 4 Cantons, & so like Fatmanfilms I do have an inkling of how the system works.

The RAV is there to help you find a job, and control your activities. The Arbeitslosenkasse http://www.alkzh.ch/ will control your payments according to the Swiss laws, not how you present or sell yourself!

Your present employer is offering you 60% work. They are not dismissing you, and still want you to work for them. A comprehensive form will be sent to your employer asking for all the details about all the payments made to you over the previous 2 years, and the circumstances about your changes in employment.

You will be entitled to some compensation for the loss of 40% employment. During your 2 free days you should be looking for a new 100% job. If you think your nasty employer is going to act in your favour and pretend no 60% offer was made, I believe you are badly mistaken.

I promise you, if you do not take the 60% contract you will be deemed to have dismissed yourself, and fined by witholding of payments, probably 30 working days, about 6 weeks unemployment pay.

Be very careful!
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  #83  
Old 14.06.2011, 14:35
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Re: Contract termination and offered a much lower work %

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I was unemployed here for 3 years in 4 Cantons, & so like Fatmanfilms I do have an inkling of how the system works.

The RAV is there to help you find a job, and control your activities. The Arbeitslosenkasse http://www.alkzh.ch/ will control your payments according to the Swiss laws, not how you present or sell yourself!

Your present employer is offering you 60% work. They are not dismissing you, and still want you to work for them. A comprehensive form will be sent to your employer asking for all the details about all the payments made to you over the previous 2 years, and the circumstances about your changes in employment.

You will be entitled to some compensation for the loss of 40% employment. During your 2 free days you should be looking for a new 100% job. If you think your nasty employer is going to act in your favour and pretend no 60% offer was made, I believe you are badly mistaken.

I promise you, if you do not take the 60% contract you will be deemed to have dismissed yourself, and fined by witholding of payments, probably 30 working days, about 6 weeks unemployment pay.

Be very careful!
There is 1 more possibility thet the employer may not know about!
Chomage Technigue or short working, you stay with your present employer and for a couple of years the RAV will pay part of your salary when your sitting at home!
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  #84  
Old 14.06.2011, 14:50
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Re: Contract termination and offered a much lower work %

I agree that not taking the 60% should be seen as refusing to work, however, if you really do not want to be there I would use the employer fraud angle.
As said before, make sure you document all the facts with date and physical location. When it comes to their word vs your word the party that has a great recollection of what happens usually is seen as more credible.
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  #85  
Old 14.06.2011, 15:24
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Re: Contract termination and offered a much lower work %

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I agree that not taking the 60% should be seen as refusing to work, however, if you really do not want to be there I would use the employer fraud angle.
As said before, make sure you document all the facts with date and physical location. When it comes to their word vs your word the party that has a great recollection of what happens usually is seen as more credible.
I would not waste any time on the 'fraud' angle, it's a waste of time just a missunderstanging. It's not the USA. The 60% job offer is ALL that is required,

What is important is the as soon as the notice is given an attempt is made find a new job, applications must be made to REAL JOB ADVERTISEMENTS, if you cant find any local suitable jobs you must look outside your field.
I have applied for a translators job (I only speak English), head of a hospital (no medical training), Head of a bank (no experiance) and jobs round the world to COMPLY with the Swiss law, it's clearly silly but it's a requirement. I am a cameraman, work is on a project basis there will never be 100% jobs advertised anymore, the business has changed.
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  #86  
Old 17.06.2011, 13:34
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Re: Contract termination and offered a much lower work %

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During the notice period it's a legat requirement, employer has no choice in the matter. The commitment to both parties is just the notice period!

Take the 60% job, then look for whatever you want, don't need to say anything to the employer, give notice when you find a better job. There is no requirement to work 60% long term, looks better than being uneployed long term, also will be entitled to further unemployment benefit based on the 60% job & any other work done.

If business picks up, it's possible that the job could revert to 100%, flexability is the name of the game in CH

What people actually want, and the way the Swiss las works is not always the same, that applies to both employer & employee!
Why do you quote me?
I never discussed the notice period, or suggested they don't take the 60% offer.
I merely pointed out the other posters suggestion, that they take the 60% offer, and then ask for additional time off for interviews, expecting the employer to go along with it, was unrealistic.
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  #87  
Old 17.06.2011, 14:42
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Re: Contract termination and offered a much lower work %

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Why do you quote me?
I never discussed the notice period, or suggested they don't take the 60% offer.
I merely pointed out the other posters suggestion, that they take the 60% offer, and then ask for additional time off for interviews, expecting the employer to go along with it, was unrealistic.
I guess because I did not agree with something you said, I assume you quoted me for the same reason, that's how it works on a forum!
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