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Old 09.11.2007, 17:22
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Quit job-before even starting!

Hi all-I am sure that some of you might have been in a similar position sme time-About a month ago I was oferred a position in a company and they have sent me the contract which I have signed and send back to them. I will be starting in March. * days (!) after I signed the contract i got a call from another company to go for an interview. The company and the position they offer is of higher interest to me and more relevant to my career plan for the future. If I get the job can I "cancel" my contract with the other company? I have heard one person who did that but would appreciate some extra opinions/experiences. Should note here:there is nothing in the contract regarding Kündigung before the beginning time only quitting with a 3 day notice during the 2 monht trial period.
Thanks.
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Old 09.11.2007, 17:38
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Re: Quit job-before even starting!

Well, if the notice period is only 3 days in the first 2 months on the job, I can't see that they could have any basis to prevent you giving 4 months notice before you even start the job.

But then again, don't be surprised if they get stroppy with you as they will probably not be too happy about having to start up the recruiting process again after having just been through it. But that is something you will have to gauge yourself.
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Old 09.11.2007, 17:49
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Re: Quit job-before even starting!

Write to them explaining that for personal reasons it won't be possible for you to take up the position and see what they say. It is highly likely you won't hear any more about it - just don't apply to them again for a while .
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Old 05.12.2007, 11:47
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Re: Quit job-before even starting!

Well I recently walked away from a job because it was not right for me. Thankfully they waived the notice period for me.

Next time I'll be more vigilant at the interview process to make sure the job is as advertised and that I'm not getting in to a sinking ship trying to fight a losing battle.

I got some grief from the UK recruitment agency about my reasons for leaving. I guess they didn't get paid.
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Old 05.12.2007, 11:49
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Re: Quit job-before even starting!

Yes, well, that's agencies for you I'm afraid...
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Old 05.12.2007, 12:00
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Re: Quit job-before even starting!

Yep they didn't even try to find out the reason why I quit.

I don't mind the employer getting upset, as they have every right too. But the email I got from the agency was bordering on abusive. The one I got from the employer was professional.
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Old 05.12.2007, 13:28
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Re: Quit job-before even starting!

It cuts both ways is the way notice periods are viewed in Switzerland. There are legal minimums that can be increased but not decreased. These are 1 week in the probation period which is a maximum of 3 months, 1 month in the first year, 2 months in years 2-9 and 3 months thereafter. Resigning before starting is permitted in law and for the company this entitles you to 1 weeks salary and for you this entitles the company to reasonable expenses. Given that they very probably had a short list which you topped, the reasonable expenses are none. If of course you resign a few days before starting, they might be less well pleased. However you can offer to turn up and work a week and then there is nothing they can do - and they are very unlikely to take you up on your generous offer. If of course, you simply do not turn up you might get a shock...
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Old 23.09.2009, 22:22
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Re: Quit job-before even starting!

just a question on the same topic.. i have been in this job a month and for no other reason then being totally bullied at work, pushed around like a fool, i can not go back there. my bosses are great, some colleagues are horrible and because my bosses never directly effected my work i was only in touch with my colleagues - i needed to leave. As a non french speaking person, but understanding the french and learning, i was told i don't learn fast enough, i should be speaking french within 3 weeks of landing. comments making me feel stupid over and over again - i alwas ignored these. she also has said i should not be nice to the students as i am not their friends, i am working 80 percent so i should go home for lunch and then come back and that will be my 80 percent, i am expected to work public holidays and weekends but to not put all the hours down on the pay slip etc etc. i dont consider myself a stupid person, but yes learning a job in french has been harder and having a rushed training has made it worse. last friday i totally bullied into submission by a swiss collegue who seamed to snap and let all her frustrations out at once. infrount of students and collegues. humiliated that i never want to go back there. every time i think of going back i am sick. its not something i am proud of...

I wrote a mail on sunday night, having all weekend to think about what had happened. the nicer of my bosses is wanting me to meet with him to speak about it, but i can not bring myself to go in there. i want to forget this whole situation look for another job and move on.. the stress is killing me and the constant emails to meet with eachother is not putting me in good health.. is there any legal rights they have to MAKE me meet with them?...can they force me to meet with them?... i have not given notice really, but i do have a doctors certificate because it was too much the first frew days -..what can i say to have them leave me alone???... that is also legally right???

thanks
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Old 23.09.2009, 22:37
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Re: Quit job-before even starting!

Richard makes a valid point. You should have a look at the terms in your contract.

That being said...in this economy, the employee/employer compact is completely screwed up. If I were in your position, I would do exactly what Swissbob recommended...namely, tell them that you can no longer accept the position due to personal reasons. If they want to pursue legal recourse, that is their decision. But you will NOT get much consideration if THEY need to make reductions, so take care of yourself.

I am a business owner, so this does not benefit me to tell you this. But it is good sense.

fduvall

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It cuts both ways is the way notice periods are viewed in Switzerland. There are legal minimums that can be increased but not decreased. These are 1 week in the probation period which is a maximum of 3 months, 1 month in the first year, 2 months in years 2-9 and 3 months thereafter. Resigning before starting is permitted in law and for the company this entitles you to 1 weeks salary and for you this entitles the company to reasonable expenses. Given that they very probably had a short list which you topped, the reasonable expenses are none. If of course you resign a few days before starting, they might be less well pleased. However you can offer to turn up and work a week and then there is nothing they can do - and they are very unlikely to take you up on your generous offer. If of course, you simply do not turn up you might get a shock...
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  #10  
Old 23.09.2009, 23:06
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Re: Quit job-before even starting!

okok... but what happens if i dont.... i really get horribly sick every time i think about it..
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  #11  
Old 23.09.2009, 23:43
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Re: Quit job-before even starting!

Hi There,

Sorry to hear about your situation. Have you already submitted your doctor's certificate, if not then you should do so right away.

I would suggest that you also contact your boss via email or phone and explain to him how you feel and suggest that you meet somewhere out outside the office for coffee and see what he/she says.

I would expect that he/she is very upset that this happened and will want to put it right, even if that simply means that they release you from your contract right away. Just wait and see what they have to say.

Good luck with that,

Jim
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Old 23.09.2009, 23:46
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Re: Quit job-before even starting!

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Hi There,

Sorry to hear about your situation. Have you already submitted your doctor's certificate, if not then you should do so right away.

I would suggest that you also contact your boss via email or phone and explain to him how you feel and suggest that you meet somewhere out outside the office for coffee and see what he/she says.

I would expect that he/she is very upset that this happened and will want to put it right, even if that simply means that they release you from your contract right away. Just wait and see what they have to say.

Good luck with that,

Jim
Pretty much what I was going to say as well.

Just remember life is too short to be miserable.
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