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Old 02.09.2011, 16:43
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Job Redundancy

Dear all

I have been working in as a market analyst for a year and half, and during the recent re-org, I was told that my new job would be in Pricing. I have no interest in doing Pricing job, nor it was ever discussed with me in my career discussion.

I had my discussion with my boss, and we reviewed the current opening in the company and determined there isn't a good position for the moment. He also agreed with me it is their fault that we arrived in the situation today. It is due their poor planning for the job.

In this case, what am I entitled for redundancy. If not, will I be able to sue the company?
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Old 02.09.2011, 17:06
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Re: Job Redundancy

From my understanding there is no such thing as redundancy here - you're either fired or you resign. Either way, the company is not obligated to pay you more than your notice period. They do have to be flexible while you're looking for another job, eg have to allow you reasonable time off for interviews etc.
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Old 02.09.2011, 17:07
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Re: Job Redundancy

You generally don't get redundancy in Switzerland, like you would in other countries. Check your contract though. I believe if they determine that the job they employed you in, no longer exists, then they can terminate your contract - and pay you your notice period.
However, your employer does seem to have been working with you to find an alternative position, so I would continue exploring avenues with them in a positive manner. If that's unsuccessful, then you could try to negotiate a pay-off from them, but unless its in your contract, or has been company practice, I dont think they legally have to pay you anything other than your notice.

I can understand your frustration, but I don't think you would get too far suing your employer, if its just a case of the job not being required anymore. Good luck though.
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Old 02.09.2011, 17:13
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Re: Job Redundancy

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If not, will I be able to sue the company?
Why on earth would you feel you have a right to "sue the company"?

Honestly...
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Old 02.09.2011, 17:20
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Re: Job Redundancy

If you have been with them for a year and a half, the only thing they are legally obliged to give you is one month's notice - which they may or may not require you to work, it's up to them.

Anything more than that will be a bonus and entirely at your employer's discretion.
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Old 06.09.2011, 09:18
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Re: Job Redundancy

thank you all!

i guess it is pretty clear the law in CH is to protect the employer's right. The case is now with HR and legal department.

I do not feel I have the right to sue the company, but it is not fair to change my job when I clearly have not applied for nor requested in the career discussion. Again, who am i kidding? there is never fairness in the corporate world.
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Old 06.09.2011, 09:34
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Re: Job Redundancy

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thank you all!

i guess it is pretty clear the law in CH is to protect the employer's right. The case is now with HR and legal department.

I do not feel I have the right to sue the company, but it is not fair to change my job when I clearly have not applied for nor requested in the career discussion. Again, who am i kidding? there is never fairness in the corporate world.
To be fair to the company, they could have just shown you the door saying "there's nothing more you can do here - your position has hit a wall" but they didn't. They did try to slot you in somewhere else where there was space. This didn't fit with your career plan so the only alternative is to find a job somewhere else which does fit with your future.

Harsh as it may sound, if the boot was on the other foot and you found another position in another firm which fitted more into your career plan, would you hang around with your original firm for the sake of duty or loyalty? Could the firm sue you for leaving them?
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Old 06.09.2011, 09:44
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Re: Job Redundancy

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Could the firm sue you for leaving them?
Yes! Damit! sue, Sue, SUE!

OP - Sandgrounder has put it very well.
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Old 06.09.2011, 10:13
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Re: Job Redundancy

Generally you would not be entitled to a redundancy package if you have turned down another position in the company.
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Old 06.09.2011, 10:55
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Re: Job Redundancy

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I believe if they determine that the job they employed you in, no longer exists, then they can terminate your contract - and pay you your notice period.
They can do that any time they like, unless the specific employment contract says otherwise. They don't have to give a reason or pay anything beyond your notice period.

OP, I understand you haven't been fired yet?
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Old 06.09.2011, 11:16
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Re: Job Redundancy

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thank you all!

i guess it is pretty clear the law in CH is to protect the employer's right. The case is now with HR and legal department.

I do not feel I have the right to sue the company, but it is not fair to change my job when I clearly have not applied for nor requested in the career discussion. Again, who am i kidding? there is never fairness in the corporate world.
You are absolutely right. The labour laws are loaded in favour of the employers in such situations, here in CH. Being unemployed, taking unemployment benefits (if you have made contributions for more than 12 months) at 70 or 80% of your last salary and looking for a a new job is one option.

Otherwise, change your tune, accept that position in pricing to just to buy time and look for other jobs else where. In the bargain you may actually start liking the pricing job.

Times are bad. Don't take a hasty decison.
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Old 06.09.2011, 11:29
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Re: Job Redundancy

If you'd read the contractual- and labor laws of Switzerland you'd see that they are there to protect all interests equally. Not to protect those lucky few that has won the lottery by securing a indefinitive working contract which is the case in the countries that "protect the employer's rights".

There are good reasons why Switzerland has the lowest unemployment rate in Europe and labor law is the main one.


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thank you all!

i guess it is pretty clear the law in CH is to protect the employer's right. .
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Old 06.09.2011, 11:44
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Re: Job Redundancy

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If you have been with them for a year and a half, the only thing they are legally obliged to give you is one month's notice - which they may or may not require you to work, it's up to them.
This depends on his employment contract. All of my employers except
for one have written three months notice into the contract.


If the notice period is not written in the contract:

During the first year of employment, it is one month's notice period
after the probation period.

After one year of employment, it goes up to two months notice
period.
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