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  #21  
Old 07.02.2012, 13:50
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Re: Overtime

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I'm leaving the job....
As a result of talking to HR?

If so, get a lawyer.
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  #22  
Old 07.02.2012, 13:55
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Re: Overtime

HR is very aware and no not fired, I resigned and then asked for time off to relocate and have been told that I have to explain in detail why I want to use my vacation time to get out of here....
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  #23  
Old 07.02.2012, 14:01
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Re: Overtime

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HR is very aware and no not fired, I resigned and then asked for time off to relocate and have been told that I have to explain in detail why I want to use my vacation time to get out of here....
Honestly, I'd be looking at legal action if it's possible, there's being expected to put in a few extra hours here and there, that's usual job life, but it seems like it was company policy to defraud it's employees. Get back the pay they stole from you. They're just going to con someone else.
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  #24  
Old 07.02.2012, 14:25
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Re: Overtime

I hope you have asked for the overdue holidays to be included?
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  #25  
Old 07.02.2012, 14:30
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Re: Overtime

I'm in the process of retaining counsel. thanks for the advice!
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  #26  
Old 07.02.2012, 14:30
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Re: Overtime

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Honestly, I'd be looking at legal action if it's possible, there's being expected to put in a few extra hours here and there, that's usual job life, but it seems like it was company policy to defraud it's employees. Get back the pay they stole from you. They're just going to con someone else.
If you work in Bern you are entiteld to a free consulting service provided by the "Arbeitsgericht". Collect all your documents including your sheet with overtime and go there. If you don't speak german search for someone who can translate.

http://www.bern.ch/leben_in_bern/arb....arbeitsrecht/
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  #27  
Old 07.02.2012, 14:36
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Re: Overtime

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Speak to your HR department - your line manager has broken Swiss law. The 42hr week is sacred - along with Aromat and cow bells.
???? 42 hour week ???? Mine is 40.


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You are obliged to work 60 hours of overtime on a yearly basis. Afterwards you can get paid and/or get time for time.
????? what company is that at? that's some other falacy.


So sad watching people kill themselves for their jobs. Nobody's going to say "thank you" or give a prize.
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  #28  
Old 07.02.2012, 14:39
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Re: Overtime

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???? 42 hour week ???? Mine is 40.
42.5 here (8.5/day, 7:30-12:00, 13:30-17:30).

Tom
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  #29  
Old 07.02.2012, 14:43
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Re: Overtime

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???? 42 hour week ???? Mine is 40.



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42.5 here (8.5/day, 7:30-12:00, 13:30-17:30).

Tom
I always understood that the 'standard' workweek is 42.5. Had it explained to me once why, can't remember now. Was too funny when French coworkers would moan about it, and how in France it's 35 hours. "Well, why don't you work in France then?" No answer...
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  #30  
Old 07.02.2012, 14:48
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Re: Overtime

OP, you have been seriously, seriously taken advantage of, illegally so as other people have stated. What was in your employment contract? Did you read it and get it explained fully?

There aren't too many Pharma companies in Bern and I've worked at 2 of them.
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  #31  
Old 07.02.2012, 14:52
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Re: Overtime

I agree with thinking about legal action.

I'm not sure about overtime regulations. I'm guessing that can vary from job to job but there are certain rules which I believe apply to nearly all jobs. These would be:

8 hours continious rest per day.

At least 4 weeks holidays per year. 2 of which must be taken together

2 days off per week

Holidays can't be cancelled either so you've got at least 8 weeks holidays which they must give you. If you've got less than that time notice I'm of the opinion you can just go and they can't anything against that.

If you take legal action the company and could prove what you've claimed then the company wouldn't just have with you and the law but also with their accident insurance once they find out the company is ignoring health and safety regulations
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  #32  
Old 07.02.2012, 14:57
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Re: Overtime

OP - Something strange here, I think. Do you work shift work for that time or do you work in an office and "choose" (for want of a better word) to work those hours because of the pressure and workload?

In other words - is it mandated by the company that you are working those hours or do you need to in order to keep on top of things?
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  #33  
Old 07.02.2012, 15:00
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Re: Overtime

if your OT is not in system and only on a spreadsheet you logged, then you are in a very weak position. The only way you can back up your claim is to have record of emails that was sent out during that time or call log etc.

If I remember correctly, there is a ceiling of around 350 hours per year of overtime that you can do without breaking the Swiss law. Not getting paid for it is already bad enough but knowing circumventing this? Your supervisor should be in hot water!
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  #34  
Old 07.02.2012, 15:11
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Re: Overtime

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At least 4 weeks holidays per year. 2 of which must be taken together
I get 5 weeks, but I rarely take more than a few days off at a time, let alone two weeks together, but that's my decision.

Tom
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Old 07.02.2012, 15:13
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Re: Overtime

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The OT is not logged, I was asked not to badge in and out of the Payroll System.
This is quite common.
Mrs Mainwaring, once reaching the dizzy heights of some higher functional level was no longer able to badge in and out.
It's basically a scam to load you up with work, get you on-call for free, work you at weekends, though it's sold as you are in charge of your own destiny and work/life balance, as if! Utter bollox.

It may be a bit late to complain now you are leaving. Why were you ok with it up to now?
It's not as if those hours can be deemed reasonable by any chalk.
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  #36  
Old 07.02.2012, 15:44
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Re: Overtime

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42.5 here (8.5/day, 7:30-12:00, 13:30-17:30).

Tom
but do you get paid for/are working 42.5? or is 30 minutes a day deducted for lunch? This is what I run into. I only get paid for 40, whether I take a lunch or not.
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  #37  
Old 07.02.2012, 16:16
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Re: Overtime

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if your OT is not in system and only on a spreadsheet you logged, then you are in a very weak position. The only way you can back up your claim is to have record of emails that was sent out during that time or call log etc.

If I remember correctly, there is a ceiling of around 350 hours per year of overtime that you can do without breaking the Swiss law. Not getting paid for it is already bad enough but knowing circumventing this? Your supervisor should be in hot water!
You can do quite a bit more overtime than that actually, up to a total work week of 50 hours (or 54 in certain cases, like seasonal work).

On the other hand overtime has to be either paid or compensated with vacation unless your contract states otherwise.
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  #38  
Old 07.02.2012, 16:20
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Re: Overtime

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You can do quite a bit more overtime than that actually, up to a total work week of 50 hours (or 54 in certain cases, like seasonal work).
Actually that's wrong - checked and there's a 170-hour cap. Oh dear... if that gets audited my employer would have a slight problem.
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  #39  
Old 07.02.2012, 16:39
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Re: Overtime

Exploitation indeed and as said above, I am surprised that you put up with it for so long. Perhaps you could try and explain why (but of course would totally respect if you choose not to).

However, I am just wondering. Why is it that many who are totally opposed to a minimum wage- think that there should be a maximum number of hours and a minimum number of hols.
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  #40  
Old 07.02.2012, 16:47
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Re: Overtime

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I get 5 weeks, but I rarely take more than a few days off at a time, let alone two weeks together, but that's my decision.

Tom
I don't think it is really controlled if it's ok with everyone but by law you should be taking at least one 2 week holiday a year. This was one of the first links I found:

Ein Arbeitnehmer hat jedes Dienstjahr mindestens 4 Wochen Ferien, Jugendliche unter 20 Jahren 5 Wochen. Dabei ist zu beachten, dass aufgrund des Erholungszweckes mindestens 2 Wochen zusammenhängen müssen. Die Ferien sind grundsätzlich im betreffenden Dienstjahr zu beziehen. Der Arbeitnehmer verliert den Anspruch auf verflossene Ferien jedoch nicht, sondern kann sie gemäss heutiger Praxis noch während 5 Jahren nachholen.

My rough translation:

An employee has every year 4 weeks holidays, youths under 20, 5 weeks. What should be taken account of is that for recuberation reasons 2 weeks must be joined together. Vaction should be generally taken in the relevant year. The employee does not lose the right to the past holidays. He is able to make up for the holidays according to the present practice up to 5 years later. Holidays can be ordered
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