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  #41  
Old 14.01.2008, 22:18
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Re: Unfair dismissal

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That really sucks. I hope you find something else soon. I was "let go" this time last year & it was the best thing that happend to me career wise, I ended up with a fantastic new job at a great company so it can work out great even though it is horrible at the time.
thanks Lou ... to be honest I am not that dismayed ... four years of internal squabbles gets anyone down .... telephone interviews on the horizon ..
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  #42  
Old 16.01.2008, 14:22
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Re: Unfair dismissal

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Yeah! You should name and shame them.

Your boss seems to have some real clout with her superiors if she can consistently get rid of someone who doesn't have the right chemistry for her. Is it possible she's scared of the person looking better than her?
Yes, that appears to be the issue - she's young and inexperienced. The clout she has with her boss is unexplainable (but the subject of rumour). However, since last week he has apologised profusely and we've come to a much better financial agreement. So make of that what you will.

I would like to name and shame them, but think I will wait until the money is in the bank.
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  #43  
Old 16.01.2008, 21:04
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Re: Unfair dismissal

Result!

Not just for the cash but it also means you should get a good Arbeitszeugnis, which will be crucial to finding another job.
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  #44  
Old 15.07.2008, 10:51
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Re: Unfair dismissal

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I would like to name and shame them, but think I will wait until the money is in the bank.
So - is the money in the bank yet?
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  #45  
Old 15.07.2008, 10:54
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Re: Unfair dismissal

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So - is the money in the bank yet?
Please don't name and shame. It'll only be deleted as I'd rather not see the forum sued by the former employer.
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  #46  
Old 15.07.2008, 11:01
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Re: Unfair dismissal

Apologies LOB – I withdraw my previous question: I am just too nosey

Last edited by LQQ; 15.07.2008 at 11:02. Reason: I am a very bad speller
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  #47  
Old 15.07.2008, 11:04
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Re: Unfair dismissal

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Apologies LOB – I withdraw my previous question: I am just too nosey
PM is fine if you're nosey but on the forum = no.

Just to make sure we're on moral high ground
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  #48  
Old 15.07.2008, 11:05
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Re: Unfair dismissal

Well after reading most of these post i have to say...it's life....

I was in my point of view unfairly dismissed but as my boss wrote the letter in the correct way there is nothing i can do....

So i just got up dusted myself down and got on with looking for a new job....

don't worry about it life goes on and if you don't find anything you could go home......

good luck and don't worry...
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  #49  
Old 15.07.2008, 12:03
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Re: Unfair dismissal

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So - is the money in the bank yet?
Yes, it is, thanks - but of course I would not dream of naming the company on the forum!
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  #50  
Old 15.07.2008, 12:40
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Re: Unfair dismissal

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Yes, it is, thanks - but of course I would not dream of naming the company on the forum!
So, Lynne, what happened? Are you going home or did you find something better 'round here?
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  #51  
Old 15.07.2008, 12:53
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Re: Unfair dismissal

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HI Lynne
In South Africa where I am from they also have strict employment laws and certain procedures have to be followed i.e. written and verbal warnings and the employer needs to try and assist the employee in improving but if that does not work then you can be dismissed - however this is a long and drawn out process and therefore it is very difficult to get rid of someone in SA. I was also surprised to see that the employment laws are so relaxed here and as I can see it can leave room for unfair dismissal i..e personality differences etc.
Unfortunately, companies in SA find our progressive labour laws too restrictive to operate in. It is now common practice to outsource both specialist and non-specialist jobs up to middle management to recruitment agencies. This effectively unties the company's hands and they can hire and fire at will, as employees work (legally) for the agency.

In the case of the OP, the letter of the law (swiss) was followed by the company. Sure the reasons for the sack may be on the border of ethics and morality but in a country that appears to favour theory X managment in many industries, it is unsurprising.
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  #52  
Old 15.07.2008, 17:37
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Re: Unfair dismissal

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So, Lynne, what happened? Are you going home or did you find something better 'round here?
No, home is here now - and, yes, I have found something better

For anyone else is in the same position, I found I was entitled to unemployment benefit even though I had worked here for less than a year. It is payable as long as you're from an EU country and can prove you had worked continuously during the two years immediately before arriving in Switzerland. The Arbeitslosenkasse checks with the country's social security department.
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  #53  
Old 15.07.2008, 18:40
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Re: Unfair dismissal

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No, home is here now - and, yes, I have found something better

For anyone else is in the same position, I found I was entitled to unemployment benefit even though I had worked here for less than a year. It is payable as long as you're from an EU country and can prove you had worked continuously during the two years immediately before arriving in Switzerland. The Arbeitslosenkasse checks with the country's social security department.
interesting tip.

good luck with the new venture !!
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  #54  
Old 14.09.2011, 11:41
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Re: Unfair dismissal

Up until recently, I was working for a large multinational company. I was transferred by this company from one of their other overseas offices. In total I have spent almost 9 years with this employer. - 4.5 years abroad and 4 years of service in Switzerland. I am a non-EU citizen.

I recently received a letter of termination. The reason? The HR manager stated that my line manager had said that I had wished to leave the company. - A total fabrication, as I was looking forward to continue building a career with this company. This was totally unexpected and in my opinion, quite bizarre. My last performance review was fine and I had done nothing illegal. In fact, I was earmarked to make the next step in my career.

Shortly after I received the letter, I was walked out of the office. An email was then sent to the rest of the colleagues, stating the I had decided to take my next career step outside the company. - As stated previously, a total fabrication.

As I understand it, from the previous threads, employers in Switzerland are able to immediately terminate the employment of any employee, as long as they abide by the terms of the employment contract. E.g. In my case, provide 3 months paid notice, which is what they have done. (and according to the thread, as long as the employee is not pregnant, or on active military service, etc.)

My question is: Do employers in Switzerland leverage this aspect of Swiss employment law (I.e. the ability to terminate employees without genuine reason), in order to avoid having to pay compensation in the event of having to lay-off members of their workforce?

My employer, like many employers in Switzerland, is currently in the process of laying-off a number of employees. I am aware of other employees within the company, that this situation has happened to.

Having clocked up almost 9 years of continuous service, under different circumstances, wouldn`t I be entitled to some sort of financial compensation? (I.e. Beyond 3 months paid notice?)
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  #55  
Old 14.09.2011, 12:00
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Re: Unfair dismissal

Unfortunately there is no obligation in Switzerland to have a Sozialplan if the company decides to dismiss a larger group of their employees, although it is recommended. But I would certainly ask whether anything likes this will be put in place (see below link for more information). Not sure though whether you are already too far along in the process.

http://www.sozial-plan.ch/

Best,
SwissBirdie
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  #56  
Old 14.09.2011, 12:05
Ittigen
 
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Re: Unfair dismissal

Yes it really sucks, and yes you are angry, but the law here sucks and allows companies to hire and fire. Maybe that is why you got the job?

They have been generous, it could have been much worse! Make sure you get a good reference.

Ask them to pay you monthly. If you are paid in one lump sum there is more tax to pay!

Join a Union for good advice http://yellow.local.ch/en/q/?what=Un...&search=Search

Can you do temporary work in your trade? Look at http://www.adecco.ch/en-US/Pages/default.aspx many similar companies here (Kelley, Randstad). Be prepared to move cantons.

Going to a lawyer is a waste of money. For confirmation you have been correctly dismissed you can go to the Arbeitsgericht, they give free informal advice, and even free court proceedings. http://tel.local.ch/en/q/?what=Arbei...id=directories

(I have just read this is an old thread, but my advice is still good)

Last edited by Ittigen; 14.09.2011 at 13:24.
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  #57  
Old 14.09.2011, 13:04
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Re: Unfair dismissal

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Going to a lawyer is a waste of money....
In simple termination matters I would agree, however, if the company is in fact conducting mass layoffs (cf. Art. 335d CO - click on the Code of Obligations link in my signature) then the employer has to follow specific procedures, failing which the termination can be considered improper...
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  #58  
Old 14.09.2011, 13:19
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Re: Unfair dismissal

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Yes it really sucks, and yes you are angry, but the law here sucks and allows companies to hire and fire. (I have just read this is an old thread, but my advice is still good)
Hiring and firing is a good thing in general as long as it is done
respectfully. It means that companies are not scared to hire
people.

In Germany, they don't want to hire people because it is very
hard to get rid of someone. Secondly, there is a Sozialplan
meaning that married and older workers are kept above the
best workers.
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  #59  
Old 14.09.2011, 13:25
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Re: Unfair dismissal

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Going to a lawyer is a waste of money. For confirmation you have been correctly dismissed you can go to the Arbeitsgericht, they give free informal advice, and even free court proceedings. http://tel.local.ch/en/q/?what=Arbei...id=directories
Unfortunately, I had to use a lawyer for Arbeitsgericht. Fortunately,
I won the basic trial and the appeal. The attorney knew that he/she
had my by the b@lls. The attorneycosts were much, much higher than he/she said they would be.

With that being said, it is worthwhile to buy "legal insurance" or Rechtschutzversicherung in German. They will cover the legal costs
in case your rights have been violated. It costs me $150 per year.
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Old 14.09.2011, 13:36
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Re: Unfair dismissal

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...I recently received a letter of termination. The reason? The HR manager stated that my line manager had said that I had wished to leave the company. - A total fabrication, as I was looking forward to continue building a career with this company. This was totally unexpected and in my opinion, quite bizarre. My last performance review was fine and I had done nothing illegal. In fact, I was earmarked to make the next step in my career.

Shortly after I received the letter, I was walked out of the office. An email was then sent to the rest of the colleagues, stating the I had decided to take my next career step outside the company. - As stated previously, a total fabrication.
...
My question is: Do employers in Switzerland leverage this aspect of Swiss employment law (I.e. the ability to terminate employees without genuine reason), in order to avoid having to pay compensation in the event of having to lay-off members of their workforce?

My employer, like many employers in Switzerland, is currently in the process of laying-off a number of employees. I am aware of other employees within the company, that this situation has happened to.
...
I eventually left one employer with a very nice termination package, after I'd shown that my managers had fabricated evidence against me. You +may+ therefore have a case, and should seek legal advice.

I really don't get why some managers behave like this when it's so easy just to say "Sorry, it's not working out, goodbye". Maybe it is a case of trying to get out of their obligations.
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