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Old 28.06.2011, 11:23
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Negative salary???

I work for an Indian IT company in Basel which is famous for its flexible applying of employment rules (like no days off given by the law, no proper working hours accounting, etc).
Now I am sick at home and just today they sent me negative payslips for the past three months - which means at the end of the months I am running out money. There was no communication about it.
Can this be anyhow legal?
I need your advice, what exactly do I have to do?
I contacted HR and asked them to act on it (that is: pay) at the speed of light, but legally, what authorities do I turn to? I know I have to find a lawyer, any tips?
I think they can (should) either fire me or pay me. I do not think there is any way between but maybe I am wrong.
Thank you for any advice.
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Old 05.07.2011, 14:32
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Re: Negative salary???

Is that a joke??
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Old 05.07.2011, 16:48
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Re: Negative salary???

Go to the commune. Bring your play slips with you. They will tell you who to talk to.
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Old 05.07.2011, 16:55
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Re: Negative salary???

They took money from you?

Or is it not as much as you thought?
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Old 05.07.2011, 16:59
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Re: Negative salary???

How did you get a negative salary? Did you owe them money for anything?
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Old 05.07.2011, 17:20
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Re: Negative salary???

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How did you get a negative salary? Did you owe them money for anything?
If you take a sabbatical - the company will continue to pay your pension and also deduct from your zero salary the contribution the state requires for your salary (which you aren't currently receiving).

EG - If you have an annual salary of 120,000chf - and deductions (including employee payment of pension) amounts to 20% - your monthly salary would show -2000chf for the months while on sabbatical
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Old 05.07.2011, 17:23
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Re: Negative salary???

It turned out that they only pay the lawful minimum for sickness - that is 15 days a year.
They have got no insurance for sick leaves so they don't pay anything after that. As they paid my salary for the months I was on leave they want that back. Unfortunately.
Thank you for all the comments.
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Old 05.07.2011, 17:31
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Re: Negative salary???

Go to your local Unia asap.
Do you have a medical certificate for your illness- proof that you were and still are, genuinely sick? Or what do you mean for 'months you were on leave'. What can of 'leave' - was it agreed with them?
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Old 05.07.2011, 17:36
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Re: Negative salary???

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It turned out that they only pay the lawful minimum for sickness - that is 15 days a year.
They have got no insurance for sick leaves so they don't pay anything after that. As they paid my salary for the months I was on leave they want that back. Unfortunately.
Thank you for all the comments.
It's minimum three weeks actually (Art. 324a Abs. 2 OR), provided that you have been in the employer's service for more than three months. Sick pay will increase with seniority.

But regardless of that, that "negative salary" is pay that you have received when you no longer qualified for sick pay (you say it's been "months"). On which grounds do you think you're entitled to keep it (other than that it would be nice to have it)?
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Old 05.07.2011, 17:38
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Re: Negative salary???

Even if the company doesn't pay your salary whilst off sick, surely one of the insurance policies you have (medical or accident) will?
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Old 05.07.2011, 17:53
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Re: Negative salary???

Three weeks = 15 working days :-)

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It's minimum three weeks actually
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Old 08.07.2011, 22:24
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Re: Negative salary???

Hi,

if you can speak German I would recommend to call / visit Rechtsberatung Arbeitsvertragsrecht at Utengasse 36 asap - it's free:
http://www.awa.bs.ch/rechtsberatungen-kantone.pdf

If you are not familiar with the language I suggest you get in touch with GGG Ausländerberatung at Eulerstrasse 26, they are open everyday:
http://www.auslaenderberatung.ch/bera_kontakt.php
These people are specialised in consulting in any legal/social matter in a variety of languages - it's free (sponsored by state and donations).

Good luck, lala
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