Go Back   English Forum Switzerland > Help & tips > Employment  
Reply
 
Thread Tools Display Modes
  #1  
Old 06.11.2013, 01:39
Newbie
 
Join Date: Nov 2013
Location: ZH
Posts: 2
Groaned at 0 Times in 0 Posts
Thanked 1 Time in 1 Post
kreis4guy has no particular reputation at present
Terminating Contract - Unpaid Vacation

Hi everyone. Great forum. Been a lurker for a while, but now posting my first question...

My employer terminated my contract in June after 6 months employment with them. I had suffered a stroke and my neurologist informed HR I would need at least 3-6 months for rehabilitation.

At the time I was heavily medicated and just signed the termination notice as I wanted to focus on my recovery.

The termination letter said my employment would end after the contractually obligated notice period of 3 months.

The second paragraph reads (in English):

"All remaining vacation are compensated during the release period. No overtime will be paid out by end of employment"

Every salary statement until the last one showed my remaining vacation balance, however I did not receive the compensation for those days with my final salary.

I then asked HR why I didn't receive the compensation for those days (at least until June as I worked for and earned them) and their reply is that the sentence is clear that there is no payout. Huh??? Overtime is clear in the 2nd sentence, but that's not vacation.

Perhaps it's a bad translation from another language, but to me the sentence that reads "all remaining vacation are compensated" means to me clearly a monetary equivalent. How else should I be compensated? Am I missing something?

What is your take on the sentence in the contract and what entitlements do I have to earned holiday and should I pursue this further?

Thanks!
Reply With Quote
  #2  
Old 06.11.2013, 01:55
adrianlondon's Avatar
Forum Legend
 
Join Date: Nov 2009
Location: Basel
Posts: 9,169
Groaned at 171 Times in 154 Posts
Thanked 25,643 Times in 6,892 Posts
adrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond reputeadrianlondon has a reputation beyond repute
Re: Terminating Contract - Unpaid Vacation

I think what they wanted to say was that you had to take all your outstanding vacation during your notice period.

Very bad English.

Or I could be wrong and it's perfect English in which case you need to ask again for your money
Reply With Quote
The following 2 users would like to thank adrianlondon for this useful post:
  #3  
Old 06.11.2013, 02:10
22 yards's Avatar
Only in moderation
 
Join Date: Jul 2009
Location: Basel-Land
Posts: 8,585
Groaned at 252 Times in 205 Posts
Thanked 16,923 Times in 6,952 Posts
22 yards has a reputation beyond repute22 yards has a reputation beyond repute22 yards has a reputation beyond repute22 yards has a reputation beyond repute22 yards has a reputation beyond repute22 yards has a reputation beyond repute
Re: Terminating Contract - Unpaid Vacation

Quote:
View Post
I think what they wanted to say was that you had to take all your outstanding vacation during your notice period.

Very bad English.
Unfortunately it's this part. Your employer is entitled to make you use your accrued vacation during the three months notice period. If you didn't attend work during this time, it looks like your employer has treated at least part of your absence as vacation.

You state that your neurologist informed HR that you'd need more than three months for rehabilitation. Was this in writing, in the form of a doctor's certificate, stating that you were unfit to be at work? If so, I would have thought that there would be a provision for your absence to be "credited" as sick leave -- but of course there is a limit to the number of days available.

It looks like you may have to seek legal advice (from someone who really knows what they are talking about).

I wish you a full recovery from the stroke.
Reply With Quote
This user would like to thank 22 yards for this useful post:
  #4  
Old 06.11.2013, 08:29
fatmanfilms's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Verbier
Posts: 17,898
Groaned at 323 Times in 259 Posts
Thanked 17,158 Times in 9,384 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: Terminating Contract - Unpaid Vacation

I am surprised it's legal to terminate the contract during a period of illness. Usually notice starts when your fit to work. It's possible the OP is entitled to be paid for quite a few more months
Reply With Quote
  #5  
Old 06.11.2013, 12:44
Newbie
 
Join Date: Nov 2013
Location: ZH
Posts: 2
Groaned at 0 Times in 0 Posts
Thanked 1 Time in 1 Post
kreis4guy has no particular reputation at present
Re: Terminating Contract - Unpaid Vacation

Yes, the notification to my company was an official doctors notice (zeugnis) and they were kept informed during the entire absence. As well they were being paid by the Krankentaggeldversicherung as I had to send all future doctors notices to them and give them permission to speak with my neurologist.

Their termination notice was given when I was just a couple of weeks out on illness. I pay for legal insurance and never have had to use it, but I guess I'll ring them up.

They are a company with 45,000 employees all over the world - one would think they would have better written contracts in English...

Thanks for your tips so far!
Reply With Quote
This user would like to thank kreis4guy for this useful post:
  #6  
Old 06.11.2013, 14:07
fatmanfilms's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Verbier
Posts: 17,898
Groaned at 323 Times in 259 Posts
Thanked 17,158 Times in 9,384 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: Terminating Contract - Unpaid Vacation

If your ill during the notice period, you have not worked the notice so it extends.......by law
Reply With Quote
  #7  
Old 06.11.2013, 22:26
jaudi's Avatar
Forum Veteran
 
Join Date: Sep 2007
Location: zurich
Posts: 532
Groaned at 4 Times in 4 Posts
Thanked 458 Times in 214 Posts
jaudi has an excellent reputationjaudi has an excellent reputationjaudi has an excellent reputationjaudi has an excellent reputation
Re: Terminating Contract - Unpaid Vacation

Quote:
View Post
If your ill during the notice period, you have not worked the notice so it extends.......by law
Which 'law' ? There is nothing in the code of obligations (that I can see) which states this.

Actually I was quite surprised when I read up...

Regarding termination during illness:
Art. 336c147 : "After the probation period has expired, the employer may not terminate the employment relationship: b.while the employee through no fault of his own is partially or entirely prevented from working by illness or accident for up to 30 days in the first year of service" ; so more than 30 days illness within the first year is legal grounds for termination.

As for being "compensated during the release period" :
Art. 329d "During the employment relationship, the holiday entitlement may not be replaced by monetary payments or other benefits"; the term 'compensated' is used not necessarily as in 'financially compensated', but temporally compensated e.g. in relation to overtime Art. 321c "Where the overtime is not compensated by time off in lieu and unless otherwise agreed in writing or under a standard employment contract or collective employment contract, the employer must compensate the employee for the overtime worked by paying him his normal salary and a supplement of at least one-quarter thereof"
Reply With Quote
The following 2 users would like to thank jaudi for this useful post:
  #8  
Old 06.11.2013, 22:32
marton's Avatar
Forum Legend
 
Join Date: May 2008
Location: Kt. Zürich
Posts: 9,147
Groaned at 383 Times in 332 Posts
Thanked 15,749 Times in 8,567 Posts
marton has a reputation beyond reputemarton has a reputation beyond reputemarton has a reputation beyond reputemarton has a reputation beyond reputemarton has a reputation beyond reputemarton has a reputation beyond repute
Re: Terminating Contract - Unpaid Vacation

I would use your legal insurance to get advice on next steps ....


Get well soon
Reply With Quote
This user would like to thank marton for this useful post:
Reply

Tags
contract, holiday, termination, vacation




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
Terminating a room sub-renting contract gregorr Housing in general 11 02.06.2013 09:44
terminating mobile contract belper TV/internet/telephone 1 19.09.2012 12:40
Terminating A Verbal Contract - Pachtvertrag meloncollie Housing in general 6 10.03.2011 14:49
terminating contract/finding new tenants. terramundi Housing in general 0 15.07.2010 16:44
unpaid vacation SanJin Permits/visas/government 1 09.08.2009 00:05


All times are GMT +2. The time now is 15:16.


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