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Old 16.07.2011, 19:41
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Notice period with verbal contract

Yes i did use the search function before

Ok so here is the story. My friend has worked in the same place since last June (about a year). He has 25 days holiday per year (about 2 per month).

So for 2011 he has 14 days of holiday up to the end of July. He used 4 of those so he has 10 left. He still has some left from last year but to simplify things lets forget those.

He wants to quit. Fair enough. The problem (?) is that he has no written contract. Everything was done verbally. His employer was paying RAV and all that.

So if anybody knows. How many days notice he has to give? If its 2 weeks ie 10 working days, can he take his holiday and leave immediately?

Thanks
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Old 16.07.2011, 20:11
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Re: Notice period with verbal contract

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So if anybody knows. How many days notice he has to give?
One month by the end of a month in the first year, two months in the second year, i.e. if your friend is still in his first year of employment, he could terminate his contract by the end of August 2011.

Holidays have to be taken before the end of employment, however, payment is possible as a legal exception.

Martin
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Old 16.07.2011, 20:14
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Re: Notice period with verbal contract

http://de.wikipedia.org/wiki/Arbeits....C3.A4ltnisses

<1 year = 1 month
then 2 months etc.
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Old 16.07.2011, 20:43
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Re: Notice period with verbal contract

Thank you. So lets say he gives his notice by the end of July. He needs to take his holiday before his terminating so his last day will be middle of August right?
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Old 16.07.2011, 21:19
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Re: Notice period with verbal contract

I have no legal knowledge - but are you sure a verbal contract is worth the paper it is not written on? I don't know anybody who works on a verbal contract here in CH, or in the UK. What would happen if the employer just let's him go, and basta? (Sorry, I don't want to be negative, but your question made me wonder- I don't suppose he is a member of Unia).
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Old 16.07.2011, 21:42
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Re: Notice period with verbal contract

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I have no legal knowledge - but are you sure a verbal contract is worth the paper it is not written on? I don't know anybody who works on a verbal contract here in CH, or in the UK. What would happen if the employer just let's him go, and basta? (Sorry, I don't want to be negative, but your question made me wonder- I don't suppose he is a member of Unia).
Apparently verbal contracts in Switzerland do hold water but god knows how.

If I were working I think I'd like a nice solid piece of paper with my terms and stuff on it.
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Old 16.07.2011, 21:47
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Re: Notice period with verbal contract

But how do you 'prove' what was agreed? for instance the legal entitlement per year is 4 weeks, so how can one prove that 5 was agreed?
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Old 16.07.2011, 23:15
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Re: Notice period with verbal contract

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But how do you 'prove' what was agreed? for instance the legal entitlement per year is 4 weeks, so how can one prove that 5 was agreed?
Legal entitlement is ONE MONTH with notice from the end of the month. The law is a minimium, regardless of what is written in the contract, or in this case when there is no contract.

Because the law is very specific about obligations a contract is not really necessary & may not be worth the paper it's written on.
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Old 17.07.2011, 17:18
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Re: Notice period with verbal contract

Thanks guys. He will give them one month notice. I will let you know if they will want more.
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Old 17.07.2011, 17:42
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Re: Notice period with verbal contract

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I don't know anybody who works on a verbal contract here in CH
I have been doing so for the past 21 years.

And I get 5 weeks vacation.

Tom
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Old 17.07.2011, 17:53
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Re: Notice period with verbal contract

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Legal entitlement is ONE MONTH with notice from the end of the month. The law is a minimium, regardless of what is written in the contract, or in this case when there is no contract.

Because the law is very specific about obligations a contract is not really necessary & may not be worth the paper it's written on.

Exactly- one month = 4x5 days, or 4 weeks, but the poster says he is entitled to 5 weeks. This may well work perfectly well if all is well in the relationship, as in your case Tom- but might not if there is a break-down (in this case resignation).
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Old 17.07.2011, 20:47
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Re: Notice period with verbal contract

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Exactly- one month = 4x5 days, or 4 weeks, but the poster says he is entitled to 5 weeks. .
One month, means ONE MONTH, the only month with 4 weeks is February, could be upto 23 working days.

The OP is talking about holidays of 25 days, as thats more than required by law they may get less. Notice is one month from the end of the month that notice is given so could be over 8 weeks!
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Old 17.07.2011, 20:49
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Re: Notice period with verbal contract

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Thanks guys. He will give them one month notice. I will let you know if they will want more.
If you give notice on Monday you can leave on Wednesday 31st August.
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