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Old 02.07.2011, 01:59
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termination of work contract

hi,
i am working in one restaurant for last 2.8 year. last week i got a dismissal letter from my employer because of low business. they gave 1 month time for me . but i think after 2 years they have to give 3 months time for me. is it right or not?.please some one help me in this topic.
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Old 02.07.2011, 09:47
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Re: termination of work contract

No, it's longer than that... I seem to remember from a former contract that the notice period only went from 2 to 3 months after seven years.

There were definitely people who got laid off at the same time as me with 2-month notice periods, when they had been with the company for four or five years.
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Old 02.07.2011, 09:54
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Re: termination of work contract

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hi,
i am working in one restaurant for last 2.8 year. last week i got a dismissal letter from my employer because of low business. they gave 1 month time for me . but i think after 2 years they have to give 3 months time for me. is it right or not?.please some one help me in this topic.
check your contract, but according to the Code des Oligations art. 335c:

"Le contrat peut être résilié pour la fin d’un mois moyennant un délai de congé d’un mois pendant la première année de service, de deux mois de la deuxième à la neuvième année de service, de trois mois ultérieurement."

If you have a notice period in your contract (unlimited duration), it's that one that will apply. If not it's the one of the code des obligations and it's 2 months after 2 years of employment.
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Old 02.07.2011, 11:51
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Re: termination of work contract

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"[I]Le contrat peut être résilié pour la fin d’un mois moyennant un délai de congé d’un mois pendant la première année de service, de deux mois de la deuxième à la neuvième année de service, de trois mois ultérieurement."
That's the clause that I was trying to remember... I thought it was 7 years but it's even longer !
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Old 02.07.2011, 12:17
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Re: termination of work contract

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That's the clause that I was trying to remember... I thought it was 7 years but it's even longer !
no it is after 3 years you get 3months I think.

But you work in the restaurant industry........contracts are interpreted a bit different here. you should be happy with one month......
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Old 02.07.2011, 12:34
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Re: termination of work contract

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no it is after 3 years you get 3months I think.
Not according to the official text qouted by MrVertigo.
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Old 02.07.2011, 12:45
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Re: termination of work contract

After searching more I found a "convention collective pour hôtels, restaurants et cafés". it's a set of basic rules for the sector.
This one states 1 month notice till 5th year of employment.
The question is: does your contract mention this "convention collective CCNT" ?
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Old 02.07.2011, 21:27
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Re: termination of work contract

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If you have a notice period in your contract (unlimited duration), it's that one that will apply. If not it's the one of the code des obligations and it's 2 months after 2 years of employment.
Be aware even if a contract states less than in the Swiss code it's incorrect & as the Swiss code of obligations are the Minimium.

However the resturant industry is exempt, so 1 month in this limited case is probably correct.
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Old 03.07.2011, 19:29
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Re: termination of work contract

thanks to all for valuable information . thank you very much
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