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Old 19.11.2007, 14:25
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Notice period going from fixed to permanent contract

I've been with the same employer for two years, starting with a 6 month contract, followed by another 6 month contract, then a 12 month contract. Now I have signed an unlimited contract.

Is my notice period currently 1 month as I'd like it to be (having just signed on to my first unlimited contract) or does the entire 2 years of service count (even on short-term contacts) in which case I guess I have a two month notice period?

Any assistance appreciated, thanks.
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Old 19.11.2007, 14:59
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Re: Notice period going from fixed to permanent contract

That should actually be written in your contract?

Edit: These are the standard periods if none was specified:
- 1 month during the first year of the contract (you are in this category)
- 2 months during year 2-9
- 3 months afterwards
Always counting from the end of a month. (Source)

But really I think you'll find it explicitely written in your contract, please check again.

Last edited by Nathu; 19.11.2007 at 15:41. Reason: Elaboration
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Old 19.11.2007, 15:11
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Re: Notice period going from fixed to permanent contract

My contract refers directly to Swiss law, which uses the term "period of service," so I am assuming that it will be the longer period unfortunately. A friend has said that they think this is not the case because I have now signed my first unlimited contract and was hoping that they might be right, but suspect not.
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Old 19.11.2007, 15:50
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Re: Notice period going from fixed to permanent contract

From a legal viewpoint, your employer-employee relationship ended three times. I too think only your newest contract matters and that therefor you have a one month notice period.
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Old 19.11.2007, 15:55
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Re: Notice period going from fixed to permanent contract

I like your thinking, thankyou.
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Old 19.11.2007, 21:44
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Re: Notice period going from fixed to permanent contract

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That should actually be written in your contract?

Edit: These are the standard periods if none was specified:
- 1 month during the first year of the contract (you are in this category)
- 2 months during year 2-9
- 3 months afterwards
Always counting from the end of a month. (Source)

But really I think you'll find it explicitely written in your contract, please check again.
Thanks again. My contract refers to our staff regulations for the termination period, which restates the standard periods as you have above, but using the term "service" as follows:

- one month for employees up to one year of service;
- two months for over one to nine years of service; and
- three months for ten or more years of service.

The issue I was most worried about is the use of the term "service" rather than "contract."

My concern was that through the four contracts I have signed back-to-back, there has been over two years of continuous service. But I understand your additional point that each time a contract has ended the employment relationship has ended (and this is the key issue).
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Old 19.11.2007, 22:11
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Re: Notice period going from fixed to permanent contract

I'm sorry Tedwah but further research showed that a change of contracts does not end the employer-employee relationship and you indeed have a two month notice period by standard (Link in German). Sorry to have raised wrong hope.
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Old 19.11.2007, 22:20
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Re: Notice period going from fixed to permanent contract

Great research, despite the bad news for myself and Wilma.
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Old 20.11.2007, 10:53
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Re: Notice period going from fixed to permanent contract

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I'm sorry Tedwah but further research showed that a change of contracts does not end the employer-employee relationship and you indeed have a two month notice period by standard (Link in German). Sorry to have raised wrong hope.
Note that in the mentioned link the contract does not expire but rather it is amended. Whereas when switching from a time-limited contract to permanent contract, the original agreement does legally expire and it is replaced with a new one.
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Old 21.11.2007, 14:32
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Re: Notice period going from fixed to permanent contract

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Note that in the mentioned link the contract does not expire but rather it is amended. Whereas when switching from a time-limited contract to permanent contract, the original agreement does legally expire and it is replaced with a new one.
And that means accrued benefits such as notice period or time in service if they give a present after 10 years etc are reset from the date of the "new" contract.
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Old 21.11.2007, 16:03
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Re: Notice period going from fixed to permanent contract

When we called the SECO Office in Bern (federal government department) they said that it didn't matter if I had short-term contracts, the service period would all be counted and I have to give two months notice.

Does anyone have recommendations for where I can get further professional advice?
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Old 21.11.2007, 19:51
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Re: Notice period going from fixed to permanent contract

Interesting contributions, these legal topics are often complex beneath the surface... Well if the SECO says so I think this is an important hint. I don't know what kind of lawyer or information center can help you further.

Maybe I'd ask the employer directly if I was in your shoes. Because the notice period is the same for employer and employee by law, you could give the question a diplomatic spin and ask after what notice period they can fire you.
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Old 21.11.2007, 20:30
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Re: Notice period going from fixed to permanent contract

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When we called the SECO Office in Bern (federal government department) they said that it didn't matter if I had short-term contracts, the service period would all be counted and I have to give two months notice.
That is really interesting since contract law is not and has never been neither one of Seco's attributions, nor its fortes.

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Does anyone have recommendations for where I can get further professional advice?
A lawyer?
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Old 04.12.2007, 17:03
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Re: Notice period going from fixed to permanent contract

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When we called the SECO Office in Bern (federal government department) they said that it didn't matter if I had short-term contracts, the service period would all be counted and I have to give two months notice.

Does anyone have recommendations for where I can get further professional advice?
Well actually the best place to go if not an employment lawyer, this forum or others with competence in legal issues is AWA which I am sure is the federal government department you were seeking and of course you could ask at their well known offices the RAV...

Last edited by Richard; 04.12.2007 at 17:17.
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