Notice of dismissal "aus wirtschaftlichen Gründen"

witch-of-germany · #1 14.10.2011, 15:21

Hi,

something rather funny (if it weren't so sad) happened to a friend of ours yesterday: he was given notice of dismissal as per 31.10.2011 (so 17 days) "aus wirtschaftlichen Gründen" ( on economic grounds ). There never was any problem between him and his employer, so as dismissal for "personal grounds" wouldn't work.

As far as I have been able to establish, since he has been working for the employer more than 1 year, he has at least 2 months notice to the end of the month; that is - in his specific case - as per 31.12.2011.

Am I right or is there something very special in Swiss job/contract law that allows the employer to give little more than two weeks notice, because he might (!) get into financial trouble, if the employee works out his notice period?

fatmanfilms · #2 14.10.2011, 21:59

Normal notice periods are payable even if the company goes bankrupt.

	Quote:	witch-of-germany
	Hi, something rather funny (if it weren't so sad) happened to a friend of ours yesterday: he was given notice of dismissal as per 31.10.2011 (so 17 days) "aus wirtschaftlichen Gründen" ( *on economic grounds* ). There never was any problem between him and his employer, so as dismissal for "personal grounds" wouldn't work. As far as I have been able to establish, since he has been working for the employer more than 1 year, he has at least 2 months notice to the end of the month; that is - in his specific case - as per 31.12.2011. Am I right or is there something very special in Swiss job/contract law that allows the employer to give little more than two weeks notice, because he might (!) get into financial trouble, if the employee works out his notice period?

heckenhocker · #3 14.10.2011, 23:13

Could it be that the notice is effective as of 31 October, I.e. End of the month, rather than expiring 31 October. So they are giving him an extra two weeks time to come to terms with the situation and find a new job.

fatmanfilms · #4 14.10.2011, 23:17

	Quote:	heckenhocker
	Could it be that the notice is effective as of 31 October, I.e. End of the month, rather than expiring 31 October. So they are giving him an extra two weeks time to come to terms with the situation and find a new job.

I think that is correct as notice runs from the end of the month.

jaudi · #5 14.10.2011, 23:50

Notice period starts at the end of the month in which the notice was given. So 2 months notice will start 31-Oct, so job ends 31-Dec. This is quite normal, if not statutory.

fatmanfilms · #6 14.10.2011, 23:53

	Quote:	jaudi
	Notice period starts at the end of the month in which the notice was given. So 2 months notice will start 31-Oct, so job ends 31-Dec. This is quite normal, if not statutory.

It's Statutory

#7 15.10.2011, 01:10

Tell your friend to check his contract, some contracts sneak in a "31 days" notice period.

My first job here had that clause which is great if you want to jump out quick but crap if you get pushed.

It's perfectly above board, even if a bit shitty, but the RAV at the time didn't bat an eyelid and they are usually hot on stuff like that.

fatmanfilms · #8 15.10.2011, 09:47

	Quote:
	Tell your friend to check his contract, some contracts sneak in a "31 days" notice period. My first job here had that clause which is great if you want to jump out quick but crap if you get pushed. It's perfectly above board, even if a bit shitty, but the RAV at the time didn't bat an eyelid and they are usually hot on stuff like that.

That would be illegal, so it's not enforceable. As almost everything in CH is mandated a contract is not necessary, however it's the only country where I ever had one.

#9 15.10.2011, 20:35

	Quote:	fatmanfilms
	That would be illegal, so it's not enforceable. As almost everything in CH is mandated a contract is not necessary, however it's the only country where I ever had one.

Nah, not illegal. I tried that route so I could gain another couple of week's salary but the RAV, OR and an employment lawyer all said it's shitty but not illegal.

RAV bloke first thought it was worth pursuing because he'd not seen it before but sadly it wasn't to be.

You live and learn (and go through contracts with a fine tooth-comb thereafter).