Go Back   English Forum Switzerland > Help & tips > Employment  
Reply
 
Thread Tools Display Modes
  #1  
Old 25.06.2013, 14:14
Junior Member
 
Join Date: Apr 2013
Location: lausanne
Posts: 34
Groaned at 1 Time in 1 Post
Thanked 3 Times in 2 Posts
vesna1985 has no particular reputation at present
do fixed terms contracts have probation/notice period?

hello!

Ive been offered a 2 years fixed contract, but so far i have not received a final copy of contract to sign. The only thing my employer has mentioned is the fact that after two years it expires automatically. But what i would like to know if the Swiss law legisaltion provides probation and notice period within fixed contracts? I mean could be the case that i have no probation or notice period at all? any advice, please!
Reply With Quote
  #2  
Old 25.06.2013, 15:58
Junior Member
 
Join Date: Jan 2012
Location: Zurich
Posts: 49
Groaned at 0 Times in 0 Posts
Thanked 29 Times in 19 Posts
jeremyjnelson has no particular reputation at present
Re: do fixed terms contracts have probation/notice period?

Quote:
View Post
hello!

Ive been offered a 2 years fixed contract, but so far i have not received a final copy of contract to sign. The only thing my employer has mentioned is the fact that after two years it expires automatically. But what i would like to know if the Swiss law legisaltion provides probation and notice period within fixed contracts? I mean could be the case that i have no probation or notice period at all? any advice, please!
All standard employment contracts have mandatory probation and notice period. Within the probationary period I think it's 7 days notice. After 3 months it's 1 month notice, after a year its 2 months.

You get all of the same protections as a Swiss citizen under the Swiss Civil Code (Code of Obligation).

It goes both ways though. You have to give the same notice and work during the notice period if you decide to leave.

Regards,

Jeremy
Reply With Quote
  #3  
Old 25.06.2013, 16:14
Forum Legend
 
Join Date: Mar 2013
Location: Formerly in Neuchatel
Posts: 2,852
Groaned at 222 Times in 151 Posts
Thanked 5,218 Times in 1,997 Posts
porsch1909 has a reputation beyond reputeporsch1909 has a reputation beyond reputeporsch1909 has a reputation beyond reputeporsch1909 has a reputation beyond reputeporsch1909 has a reputation beyond reputeporsch1909 has a reputation beyond repute
Re: do fixed terms contracts have probation/notice period?

no escape from a fixed-term contract?

This thread may help.
Reply With Quote
  #4  
Old 25.06.2013, 16:22
fatmanfilms's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Verbier
Posts: 17,904
Groaned at 323 Times in 259 Posts
Thanked 17,174 Times in 9,391 Posts
fatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond repute
Re: do fixed terms contracts have probation/notice period?

Quote:
View Post
All standard employment contracts have mandatory probation and notice period. Within the probationary period I think it's 7 days notice. After 3 months it's 1 month notice, after a year its 2 months.

You get all of the same protections as a Swiss citizen under the Swiss Civil Code (Code of Obligation).

It goes both ways though. You have to give the same notice and work during the notice period if you decide to leave.

Regards,

Jeremy
There is no mandatory probation period! If nothing is in the contract there is not one. I suspect 1 full calendar month notice to expire on the last day of the month in first year , 2 months in second year
Reply With Quote
This user would like to thank fatmanfilms for this useful post:
  #5  
Old 25.06.2013, 16:27
Junior Member
 
Join Date: Jan 2012
Location: Zurich
Posts: 49
Groaned at 0 Times in 0 Posts
Thanked 29 Times in 19 Posts
jeremyjnelson has no particular reputation at present
Re: do fixed terms contracts have probation/notice period?

Quote:
View Post
There is no mandatory probation period! If nothing is in the contract there is not one. I suspect 1 full calendar month notice to expire on the last day of the month in first year , 2 months in second year
If not stated in the contract the probation period is automatically one month based on Swiss Code of Obligations.
Reply With Quote
  #6  
Old 25.06.2013, 17:01
Junior Member
 
Join Date: Jun 2013
Location: Biel
Posts: 70
Groaned at 4 Times in 4 Posts
Thanked 18 Times in 16 Posts
robin.ashe has earned some respectrobin.ashe has earned some respect
Re: do fixed terms contracts have probation/notice period?

Quote:
View Post

It goes both ways though. You have to give the same notice and work during the notice period if you decide to leave.

Regards,

Jeremy
Presumably if the reason you're leaving is due to harassment, this would not be a requirement?
Reply With Quote
  #7  
Old 25.06.2013, 17:17
fatmanfilms's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Verbier
Posts: 17,904
Groaned at 323 Times in 259 Posts
Thanked 17,174 Times in 9,391 Posts
fatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond repute
Re: do fixed terms contracts have probation/notice period?

Quote:
View Post
If not stated in the contract based on Swiss Code of Obligations.
It can also be stated that there is no probation period & notice can be 3 or 6 months. Everything is negotiable
Reply With Quote
  #8  
Old 25.06.2013, 21:58
Junior Member
 
Join Date: Apr 2013
Location: lausanne
Posts: 34
Groaned at 1 Time in 1 Post
Thanked 3 Times in 2 Posts
vesna1985 has no particular reputation at present
Re: do fixed terms contracts have probation/notice period?

ok, got the HR people from my company. ive got a probation period of 3 month and notice period of 3 months as well...which i kinda find a bit too much honestly. think it will decrease my chances of finding anoter job cause nobody wants to wait 3 months...

Is it normal to try to negotiate the probation period? and which arguments would you use? im trying to have it down to 2 months.

thanks
Reply With Quote
  #9  
Old 25.06.2013, 22:24
fatmanfilms's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Verbier
Posts: 17,904
Groaned at 323 Times in 259 Posts
Thanked 17,174 Times in 9,391 Posts
fatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond repute
Re: do fixed terms contracts have probation/notice period?

Quote:
View Post
ok, got the HR people from my company. ive got a probation period of 3 month and notice period of 3 months as well...which i kinda find a bit too much honestly. think it will decrease my chances of finding anoter job cause nobody wants to wait 3 months...

Is it normal to try to negotiate the probation period? and which arguments would you use? im trying to have it down to 2 months.

thanks
i would try to get rid of the probation period, 3 months is very normal if your 'important' to the company.
Reply With Quote
  #10  
Old 25.06.2013, 22:40
Junior Member
 
Join Date: Apr 2013
Location: lausanne
Posts: 34
Groaned at 1 Time in 1 Post
Thanked 3 Times in 2 Posts
vesna1985 has no particular reputation at present
Re: do fixed terms contracts have probation/notice period?

well, they made me an offer and i agreed to it. though have not signed anything yet.

now today found out about this condition and not that it made me cheer. so can i actually try to renegotiate now?

i mean i also just found out i dont have 13th month salary. so as i have not signed contract yet and didnt know i dont have 13th by default, is it something can still discuss with them?
Reply With Quote
  #11  
Old 25.06.2013, 22:51
fatmanfilms's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Verbier
Posts: 17,904
Groaned at 323 Times in 259 Posts
Thanked 17,174 Times in 9,391 Posts
fatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond repute
Re: do fixed terms contracts have probation/notice period?

Quote:
View Post
well, they made me an offer and i agreed to it. though have not signed anything yet.

now today found out about this condition and not that it made me cheer. so can i actually try to renegotiate now?

i mean i also just found out i dont have 13th month salary. so as i have not signed contract yet and didnt know i dont have 13th by default, is it something can still discuss with them?
Lots of people don't have a 13 month salary! I guess they will divide you annual salary by 13 if thats what you want! but it sounds like your not intending to stay very long!
Reply With Quote
  #12  
Old 25.06.2013, 22:51
swisspea's Avatar
Forum Legend
 
Join Date: May 2008
Location: From one side of lake Zurich to the other...
Posts: 5,952
Groaned at 35 Times in 25 Posts
Thanked 5,696 Times in 2,697 Posts
swisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond repute
Re: do fixed terms contracts have probation/notice period?

13th salary doesn't mean you get paid more money overall, so I'm not sure why it's such a big deal. It just means your employer holds back some salary from some months and pays it to you in a bigger amount on other months. It's a bit typical for things like teachers, where they get a little extra in the pay packet before the summer and christmas holidays, but overall I doubt it matters.

If the company doesn't normally do '13th' salary' then all you would be doing by asking for it, is asking for an extra headache for the person who calculates the payroll.
Reply With Quote
This user would like to thank swisspea for this useful post:
  #13  
Old 25.06.2013, 23:06
Junior Member
 
Join Date: Apr 2013
Location: lausanne
Posts: 34
Groaned at 1 Time in 1 Post
Thanked 3 Times in 2 Posts
vesna1985 has no particular reputation at present
Re: do fixed terms contracts have probation/notice period?

i see guys! had the impression that 13th month was a bonus
Reply With Quote
  #14  
Old 26.06.2013, 09:19
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Switzerland
Posts: 21,069
Groaned at 365 Times in 280 Posts
Thanked 15,849 Times in 9,028 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: do fixed terms contracts have probation/notice period?

Quote:
View Post
i see guys! had the impression that 13th month was a bonus
No, it's just a different way of paying the same salary. So if you earn 80,000 net say, you'd either be paid 6,666.66 a month for 12 months or 6,153.85 for 13 months. So a 13 month system would pay you a double figure of around 12,307 in the 13th month - which feels like a bonus because it's often paid either in the November or December paypacket, giving you a nice boost for Christmas spending.
Reply With Quote
  #15  
Old 26.06.2013, 09:23
fatmanfilms's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Verbier
Posts: 17,904
Groaned at 323 Times in 259 Posts
Thanked 17,174 Times in 9,391 Posts
fatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond repute
Re: do fixed terms contracts have probation/notice period?

Quote:
View Post
No, it's just a different way of paying the same salary. So if you earn 80,000 net say, you'd either be paid 6,666.66 a month for 12 months or 6,153.85 for 13 months. So a 13 month system would pay you a double figure of around 12,307 in the 13th month - which feels like a bonus because it's often paid either in the November or December paypacket, giving you a nice boost for Christmas spending.
However the taxation consequence is bad if your on a L or B permit, so it's better to get paid over 12 months
Reply With Quote
Reply




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
6 months probation period Country_Mouse Employment 3 04.06.2013 16:37
Handing your notice in after the notice period Guest Employment 13 08.03.2010 16:27
Leave notice in probation period Mowvich Employment 18 29.01.2010 20:08
Entitlement to accrued vacation during probation period james_w Employment 1 13.01.2010 19:27
Notice period going from fixed to permanent contract Tedwah Employment 13 04.12.2007 17:03


All times are GMT +2. The time now is 16:50.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0