Go Back   English Forum Switzerland > Help & tips > Employment  
Closed Thread
 
Thread Tools Display Modes
  #1  
Old 23.10.2011, 23:42
Member
 
Join Date: Sep 2006
Location: Zurich
Posts: 137
Groaned at 3 Times in 3 Posts
Thanked 40 Times in 24 Posts
Powerlauer has no particular reputation at present
What is the notice period for an au pair?

I have had my au pair since Feb 2010, we have a formal contract with her, that clearly states she has a 3 month notice period. It is from the Canton Zurich website. On Saturday night she handed in her notice, advising us she is leaving to work as a "nanny" for a newborn and her last will be the 30th of november.

We pointed out she has a notice period therefore obliged to work it. She turned around and said "my lawyer told me no ons a 3 month notice period u less they have been working for 2 years"..... We didn't respond, told her we will discuss it on Monday.

If she decides to not work her notice period, what as an employee can I do?

Any advice!

Thanks
  #2  
Old 23.10.2011, 23:45
vwild1
 
Posts: n/a
Re: What is the notice period for an au pair?

Quote:
View Post
I have had my au pair since Feb 2010, we have a formal contract with her, that clearly states she has a 3 month notice period. It is from the Canton Zurich website.
Do you have a link to this contract..? Logic tells me if all parties signed said contract then all parties must adhere to the terms of it.
  #3  
Old 23.10.2011, 23:48
Member
 
Join Date: Sep 2006
Location: Zurich
Posts: 137
Groaned at 3 Times in 3 Posts
Thanked 40 Times in 24 Posts
Powerlauer has no particular reputation at present
Re: What is the notice period for an au pair?

Quote:
View Post
Do you have a link to this contract..? Logic tells me if all parties signed said contract then all parties must adhere to the terms of it.
I think so too, but if she decides to just leave?I know where she lives, but have no idea who her future employers are.
  #4  
Old 23.10.2011, 23:54
Forum Legend
 
Join Date: May 2007
Location: Lugano
Posts: 6,550
Groaned at 129 Times in 95 Posts
Thanked 7,960 Times in 3,710 Posts
Mrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond repute
Re: What is the notice period for an au pair?

Quote:
View Post
I think so too, but if she decides to just leave?I know where she lives, but have no idea who her future employers are.
I understand your predicament but I would never want someone working for me who didn't want to be there. Advertise for a new au pair right away and hope you can find a replacement quickly.

By the way, why doesn't your au pair live with you? Is that not a condition for employment as an au pair?
The following 4 users would like to thank Mrs. Doolittle for this useful post:
  #5  
Old 23.10.2011, 23:59
Member
 
Join Date: Sep 2006
Location: Zurich
Posts: 137
Groaned at 3 Times in 3 Posts
Thanked 40 Times in 24 Posts
Powerlauer has no particular reputation at present
Re: What is the notice period for an au pair?

Quote:
View Post
I understand your predicament but I would never want someone working for me who didn't want to be there. Advertise for a new au pair right away and hope you can find a replacement quickly.

By the way, why doesn't your au pair live with you? Is that not a condition for employment as an au pair?
Yeh, am working on finding one! They get put off when they hear I have 3 kids and may actually have to work! She doesn't live with us as we lived in a 2 bedroom flat! We moved 4 weeks ago and I asked her to move into the house, she obviously doesn't want too! The room is in her name, although we pay her rent, we spoke to the landlord, he will give us the deposit , I have no idea if she will be leaving her room! Don't care as long as we get the money!
  #6  
Old 24.10.2011, 00:14
vwild1
 
Posts: n/a
Re: What is the notice period for an au pair?

Quote:
View Post
I have had my au pair since Feb 2010
Is your Au-Pair an EU-EFTA citizen..? Non EU-EFTA are only allowed to stay 12 months were as those that are EU-EFTA citizens can have that extended to a maximum of 24 months. At that rate you would have needed to replace your Au-Pair by the end of January anyway.

sources (pdf):

http://www.awa.zh.ch/internet/volksw...Pair+EU8_2.pdf

http://www.awa.zh.ch/internet/volksw...Pair+EU8_2.pdf
This user would like to thank for this useful post:
  #7  
Old 24.10.2011, 00:20
Member
 
Join Date: Sep 2006
Location: Zurich
Posts: 137
Groaned at 3 Times in 3 Posts
Thanked 40 Times in 24 Posts
Powerlauer has no particular reputation at present
Re: What is the notice period for an au pair?

She is from the EU, we organized an L permit, but somehow she has managed to extend it to a B permit, I think , I didnt look at it, but was told by my friend who was standing next to her when she opened her mail, she has a permit for the next 6 years! not sure how she managed to do that! She was working for another family before us. She contacted them for a reference.

Am looking for someone ........
  #8  
Old 24.10.2011, 00:36
Forum Veteran
 
Join Date: Feb 2007
Location: Secret
Posts: 573
Groaned at 4 Times in 3 Posts
Thanked 392 Times in 201 Posts
lilith has a reputation beyond reputelilith has a reputation beyond reputelilith has a reputation beyond reputelilith has a reputation beyond repute
Re: What is the notice period for an au pair?

She doesn't sound like a fair-play person, and I think you should be relieved to have her out of the house (even with all the hassle of replacing her, I have been throught that and I know very well what you mean).
Even though one month notice is fairly standard when it comes to au-pairs, it would have been fair to tell you that she was looking for a new employment term... and if you learn where she is going to work, you may warn them that she is not reliable (they may not be aware of the situation).

Also, the notice should be given in written... http://www.aiep.am/programs/aupswitz.html , but how to hold the girl to that? contracts with au-pairs are mostly indicative...

I remember that there are often girls who are looking to change posting on Anibis.ch or petitesannonces.ch (and probably on Piazza.ch). Have a look... you may find someone quite fast, and then you can ask your current girl to leave asap.
  #9  
Old 24.10.2011, 08:45
Member
 
Join Date: Sep 2006
Location: Zurich
Posts: 137
Groaned at 3 Times in 3 Posts
Thanked 40 Times in 24 Posts
Powerlauer has no particular reputation at present
Re: What is the notice period for an au pair?

Quote:
View Post
She doesn't sound like a fair-play person,
Even though one month notice is fairly standard when it comes to au-pairs, it would have been fair to tell you that she was looking for a new employment term... and if you learn where she is going to work, you may warn them that she is not reliable (they may not be aware of the situation).

Also, the notice should be given in written... http://www.aiep.am/programs/aupswitz.html , but how to hold the girl to that? contracts with au-pairs are mostly indicative...

I remember that there are often girls who are looking to change posting on Anibis.ch or petitesannonces.ch (and probably on Piazza.ch). Have a look... you may find someone quite fast, and then you can ask your current girl to leave asap.
Your right! Will check those sites out! I don't know who her new employees are, only that the woman had a baby last week and she will be their nanny, as the woman is going back to work. The thing is, I would never trust her with a newborn, she that is totally different to working with children who have their mum around! but that isn't my problem!

Will take the advice of one of the forum member, work out exactly the costs, needs, pros and cons..... Will see how it goes!
  #10  
Old 24.10.2011, 10:05
Verbier's Avatar
Forum Legend
 
Join Date: Jul 2008
Location: Lully VD
Posts: 4,401
Groaned at 17 Times in 17 Posts
Thanked 4,672 Times in 2,361 Posts
Verbier has a reputation beyond reputeVerbier has a reputation beyond reputeVerbier has a reputation beyond reputeVerbier has a reputation beyond reputeVerbier has a reputation beyond reputeVerbier has a reputation beyond repute
Re: What is the notice period for an au pair?

Powerlauer, I think you are spending too much of your precious time and energy on the legal aspects of notice period and how the girl will not be a good fit with the next family. Frankly, for an aupair, you had a good run from Feb. 2010. My suggestion - drop it and focus on finding a new aupair !

There are also many specialized forums for aupairs such as www.greataupair.com you could try.

Good luck.

Last edited by Uncle Max; 08.11.2011 at 14:09. Reason: EF has a great number of au pairs looking for work, too :-/
The following 6 users would like to thank Verbier for this useful post:
  #11  
Old 24.10.2011, 10:20
Guest
 
Posts: n/a
Re: What is the notice period for an au pair?

She's an Au Pair and has given you more than a months notice.

What is the problem?

Is it really in any ones interest to do anything other than accept the notice graciously, provide her with a reference and find another au pair to start in November?
The following 4 users would like to thank for this useful post:
  #12  
Old 24.10.2011, 12:56
Member
 
Join Date: Sep 2006
Location: Zurich
Posts: 137
Groaned at 3 Times in 3 Posts
Thanked 40 Times in 24 Posts
Powerlauer has no particular reputation at present
Re: What is the notice period for an au pair?

Quote:
View Post
She's an Au Pair and has given you more than a months notice.

What is the problem?

Is it really in any ones interest to do anything other than accept the notice graciously, provide her with a reference and find another au pair to start in November?
No real problem, only in her contract it states 3 months, therefore giving me time to organize myself. No matter! Have been hunting! Am sure something will come up! Thanks for the advice.
  #13  
Old 24.10.2011, 13:08
Senior Member
 
Join Date: Mar 2009
Location: Zürich
Posts: 349
Groaned at 1 Time in 1 Post
Thanked 456 Times in 196 Posts
Ziger has a reputation beyond reputeZiger has a reputation beyond reputeZiger has a reputation beyond reputeZiger has a reputation beyond repute
Re: What is the notice period for an au pair?

Quote:
View Post
She turned around and said "my lawyer told me no ons a 3 month notice period u less they have been working for 2 years".....
Just to give you the legal side, what her lawyer said is correct but only if no other notice period has been contractually agreed upon. Here is the reference from the Swiss Code of Obligations:
Art. 335c1

c. After the probation period
1 The employment relationship may be terminated at one month’s notice during the first year of service, at two months’ notice in the second to ninth years of service and at three months’ notice thereafter, all such notice to expire at the end of a calendar month.
2 These notice periods may be varied by written individual, standard or collective employment contract; however, they may be reduced to less than one month only by collective employment contract and only for the first year of service.
The following 2 users would like to thank Ziger for this useful post:
  #14  
Old 24.10.2011, 13:36
taskalem's Avatar
Senior Member
 
Join Date: Apr 2010
Location: Lausanne
Posts: 322
Groaned at 0 Times in 0 Posts
Thanked 225 Times in 125 Posts
taskalem is considered knowledgeabletaskalem is considered knowledgeabletaskalem is considered knowledgeable
Re: What is the notice period for an au pair?

Quote:
View Post
Just to give you the legal side, what her lawyer said is correct but only if no other notice period has been contractually agreed upon. Here is the reference from the Swiss Code of Obligations:
Art. 335c1

c. After the probation period
1 The employment relationship may be terminated at one month’s notice during the first year of service, at two months’ notice in the second to ninth years of service and at three months’ notice thereafter, all such notice to expire at the end of a calendar month.
2 These notice periods may be varied by written individual, standard or collective employment contract; however, they may be reduced to less than one month only by collective employment contract and only for the first year of service.
Powerlauer,
I think in terms of contracts, you should uphold the Swiss law which clearly states that your au-pair has to stay until the end of December should you choose to. (After the first year, the notice period is 2 months and starts from the end of the calendar month).
If you want to be nasty, you can tell her that by contractual obligation she has 3 full calendar months to stay and you will let her go in two months if she behaves. Otherwise "I'll see you in court"

But personally speaking, as others suggested as well, try to find a new au-pair in due time, even if she stays with you until Feb 2012, she won't be doing her job willfully and no one wants to keep a person in that physchological attitude - especially if the job is human related.

Good luck!
This user would like to thank taskalem for this useful post:
  #15  
Old 24.10.2011, 22:42
Member
 
Join Date: Sep 2006
Location: Zurich
Posts: 137
Groaned at 3 Times in 3 Posts
Thanked 40 Times in 24 Posts
Powerlauer has no particular reputation at present
Re: What is the notice period for an au pair?

Thanks for all your help and advice! much appreciated!am au pair hunting!!
  #16  
Old 25.10.2011, 07:05
Forum Veteran
 
Join Date: Oct 2007
Location: Ticino & London
Posts: 2,016
Groaned at 173 Times in 93 Posts
Thanked 1,139 Times in 628 Posts
Cashboy has a reputation beyond reputeCashboy has a reputation beyond reputeCashboy has a reputation beyond reputeCashboy has a reputation beyond repute
Re: What is the notice period for an au pair?

Quote:
View Post
She's an Au Pair and has given you more than a months notice.

What is the problem?

Is it really in any ones interest to do anything other than accept the notice graciously, provide her with a reference and find another au pair to start in November?
And try and think how you would feel and act if you were in the position of the Au Pair.
People seem to forget that !
  #17  
Old 25.10.2011, 20:51
Guest
 
Posts: n/a
Re: What is the notice period for an au pair?

How does your agency view this situation? This is clearly the part when they should give a helping hand.
  #18  
Old 26.10.2011, 12:24
Member
 
Join Date: Sep 2006
Location: Zurich
Posts: 137
Groaned at 3 Times in 3 Posts
Thanked 40 Times in 24 Posts
Powerlauer has no particular reputation at present
Re: What is the notice period for an au pair?

Quote:
View Post
How does your agency view this situation? This is clearly the part when they should give a helping hand.
I didn't go through an agency, although her new employers ground her through an agency, and I wasn't approached for a reference.

But there is a twist, I had my family over andnthey brought their au pair, which mine befriended, my au pair admitted to her that she has been stealing washing up powder, toiletries and food from the house (all of which I am happy to provide, apart from her toiletries!) she told her I would never notice, the other au pair told me I should put video cameras in the house. I have notice things missing as my first au pair was a kleptomaniac!

They left on Monday told me about it only after she handed in her notice.

I don't know if I should bother, but feel sorry for the new family, they have a newborn, and I would never recommend her with babies, she would be hopeless, with toddlers and older she is good, but never with a newborn.

Have been interviewing, and she doesn't talk to me about leaving only to my husband, so he will advise her she hasnto work her notice period as per her contract, until such time we find a replacement or she can find someone.

I told her that we have security cameras in the house, which is true, I just need to learn how to use them!

Decided not to be spiteful! My new years resolution!
  #19  
Old 26.10.2011, 13:04
Guest
 
Posts: n/a
Re: What is the notice period for an au pair?

Quote:
View Post
I don't know if I should bother, but feel sorry for the new family, they have a newborn, and I would never recommend her with babies, she would be hopeless, with toddlers and older she is good, but never with a newborn.
That's a tough one because you run the risk of it sounding like "sour-grapes" or just a busy-body trying to make trouble for your former au pair but, if it were me and I didn't say anything to the new family, I would be always wondering about the safety and welfare of the newborn.

At least if you say your piece to the new family you can feel like you've done your part, even if it isn't well received.

Not even sure how you would approach them - maybe in a positive way saying how good she was with older children with emphasis on the "older". Maybe then they will ask you a few more questions which you can then answer more directly.

If I were a new mum and had taken on an au pair that someone else had had experience with and could give me a bigger picture on her capabilities / shortcomings I would want to hear it.

I already had my foot on the neck (figuratively!) of anyone entrusted with my son when he was tiny. I was a gorilla-mum when my son was a newborn.
  #20  
Old 26.10.2011, 13:18
Verbier's Avatar
Forum Legend
 
Join Date: Jul 2008
Location: Lully VD
Posts: 4,401
Groaned at 17 Times in 17 Posts
Thanked 4,672 Times in 2,361 Posts
Verbier has a reputation beyond reputeVerbier has a reputation beyond reputeVerbier has a reputation beyond reputeVerbier has a reputation beyond reputeVerbier has a reputation beyond reputeVerbier has a reputation beyond repute
Re: What is the notice period for an au pair?

Quote:
That's a tough one because you run the risk of it sounding like "sour-grapes" or just a busy-body trying to make trouble for your former au pair but, if it were me and I didn't say anything to the new family, I would be always wondering about the safety and welfare of the newborn.

At least if you say your piece to the new family you can feel like you've done your part, even if it isn't well received.

Not even sure how you would approach them - maybe in a positive way saying how good she was with older children with emphasis on the "older". Maybe then they will ask you a few more questions which you can then answer more directly.

If I were a new mum and had taken on an au pair that someone else had had experience with and could give me a bigger picture on her capabilities / shortcomings I would want to hear it.

I already had my foot on the neck (figuratively!) of anyone entrusted with my son when he was tiny. I was a gorilla-mum when my son was a newborn.
I disagree. The details of the next family are none of your business. If they did not call you for a reference, they are not asking for your input. Do not overstep your "responsibilities". This many create other problems for you (including legal recourse which can be very messy). For example, have you done everything on the paperwork side of things 100% correctly?

It is up to the next family to check the situation once she starts with them and decide for themselves if the person is suitable or not. Please do yourself a favor and don't go there.
__________________
Do or do not, there is no try(ing). Yoda
The following 2 users would like to thank Verbier for this useful post:
Closed Thread




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
Live-out nanny/au-pair - what are the chances? Marrisol Employment 3 20.09.2011 19:20
Handing your notice in after the notice period Guest Employment 13 08.03.2010 16:27
is it possible to get an au pair into Switzerland without a visa or a work permit? goombie Family matters/health 3 26.06.2008 06:46
Notice period--Is it negotiable? Ella Employment 3 06.03.2007 10:58


All times are GMT +2. The time now is 02:33.


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