Go Back   English Forum Switzerland > Help & tips > Employment  
Reply
 
Thread Tools Display Modes
  #1  
Old 14.10.2011, 15:21
witch-of-germany's Avatar
Newbie 1st class
 
Join Date: Jul 2008
Location: Mettmenstetten, Kanton Zurich
Posts: 27
Groaned at 3 Times in 3 Posts
Thanked 19 Times in 8 Posts
witch-of-germany has earned some respectwitch-of-germany has earned some respect
Notice of dismissal "aus wirtschaftlichen Gründen"

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?
Reply With Quote
  #2  
Old 14.10.2011, 21:59
fatmanfilms's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Verbier
Posts: 21,376
Groaned at 461 Times in 352 Posts
Thanked 23,091 Times in 11,824 Posts
fatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond repute
Re: Notice of dismissal "aus wirtschaftlichen Gründen"

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

Quote:
View Post
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?
Reply With Quote
  #3  
Old 14.10.2011, 23:13
Forum Veteran
 
Join Date: Aug 2011
Location: Bern
Posts: 856
Groaned at 5 Times in 4 Posts
Thanked 1,391 Times in 528 Posts
heckenhocker has a reputation beyond reputeheckenhocker has a reputation beyond reputeheckenhocker has a reputation beyond reputeheckenhocker has a reputation beyond reputeheckenhocker has a reputation beyond repute
Re: Notice of dismissal "aus wirtschaftlichen Gründen"

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.
Reply With Quote
This user would like to thank heckenhocker for this useful post:
  #4  
Old 14.10.2011, 23:17
fatmanfilms's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Verbier
Posts: 21,376
Groaned at 461 Times in 352 Posts
Thanked 23,091 Times in 11,824 Posts
fatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond repute
Re: Notice of dismissal "aus wirtschaftlichen Gründen"

Quote:
View Post
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.
Reply With Quote
  #5  
Old 14.10.2011, 23:50
jaudi's Avatar
Forum Veteran
 
Join Date: Sep 2007
Location: zurich
Posts: 574
Groaned at 4 Times in 4 Posts
Thanked 495 Times in 231 Posts
jaudi has a reputation beyond reputejaudi has a reputation beyond reputejaudi has a reputation beyond reputejaudi has a reputation beyond repute
Re: Notice of dismissal "aus wirtschaftlichen Gründen"

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.
Reply With Quote
  #6  
Old 14.10.2011, 23:53
fatmanfilms's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Verbier
Posts: 21,376
Groaned at 461 Times in 352 Posts
Thanked 23,091 Times in 11,824 Posts
fatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond repute
Re: Notice of dismissal "aus wirtschaftlichen Gründen"

Quote:
View Post
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
Reply With Quote
  #7  
Old 15.10.2011, 01:10
Guest
 
Posts: n/a
Re: Notice of dismissal "aus wirtschaftlichen Gründen"

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.
Reply With Quote
  #8  
Old 15.10.2011, 09:47
fatmanfilms's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Verbier
Posts: 21,376
Groaned at 461 Times in 352 Posts
Thanked 23,091 Times in 11,824 Posts
fatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond repute
Re: Notice of dismissal "aus wirtschaftlichen Gründen"

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.
Reply With Quote
  #9  
Old 15.10.2011, 20:35
Guest
 
Posts: n/a
Re: Notice of dismissal "aus wirtschaftlichen Gründen"

Quote:
View Post
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).
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Is it "Natural" for Men to "Rape and Beat" Women? The_Love_Doctor International affairs/politics 51 09.08.2010 03:53
Meaning of "in ordnung" or "i.o." MikeUSA Housing in general 17 22.09.2009 19:34
How long can a "three months" notice period take ? Sarik Housing in general 3 08.02.2008 13:21


All times are GMT +2. The time now is 15:34.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2022, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0