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Old 28.01.2014, 19:56
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employment termination

can anyone tell me if it is usual practice here in switzerland to terminate a employment contract the day before you go on sick leave.
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Old 28.01.2014, 20:08
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Re: employment termination

Did they know you were going to be on sick leave?
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Old 28.01.2014, 20:12
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Re: employment termination

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Did they know you were going to be on sick leave?
More to the point how does someone know they are going on sick leave on a certain day unless they are throwing a sickie?
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Old 28.01.2014, 20:15
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Re: employment termination

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can anyone tell me if it is usual practice here in switzerland to terminate a employment contract the day before you go on sick leave.
I've heard of similar occurrences. Best is to consult RAV regarding the legalities of the termination.
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Old 28.01.2014, 20:24
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Re: employment termination

At the very least, the sick leave postpones the notice period, and you won't be in any hurry to get off the sick leave, I guess...
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Old 28.01.2014, 21:03
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Re: employment termination

i go into Hospital tomorrow for a Operation on my foot and then have to have 4 weeks off sick, and of course i told my employer
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Old 28.01.2014, 21:21
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Re: employment termination

Did they give a reason for the termination?
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Old 28.01.2014, 21:25
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Re: employment termination

because he thinks i would not be able to do the Job when i get back to work
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Old 28.01.2014, 21:32
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Re: employment termination

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because he thinks i would not be able to do the Job when i get back to work
I agree with lost_in_broad. Given that employers can kick you into touch for any reason, if he wants to get rid of you, he can (same as you could leave too, if you got another job but that's beside the point). Get some advice from the RAV - maybe you would be excused from looking for new work during your sick period, for example.

Did you get chance to argue the point with your boss? If you have a desk job, for example, a foot operation shouldn't impede too much on that, should it?

Otherwise, the guy sounds like a dick.
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Old 28.01.2014, 22:01
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Re: employment termination

Please read this part in the summary of the Swiss Labour Law I marked the part related to sickness in different color,

As well, do you see a possiblity having a doctor's consultancy if your operation will or will not make you able to do your work afterwards ? More important if you yourself feel if it is possible for you or not to continue the job after - if not your well being will be more important than the job.



Inadmissible notice of termination

Prerequisites
  • The existence of a notice of ordinary termination:
    • termination protection has no application to extraordinary notices to terminate, or to terminations of contracts of employment upon expiry of a contractual time period, or to termination agreements;
  • Expiry of the probationary time period;
  • Inadmissible notice of termination;
    • the inadmissibility of a notice of termination obtains under the following circumstances (comp. Art. 336c, Para. Of the ‘CoO’):
      • those preventing an employer from giving notice of termination of contractual employment:
        • whilst an employee is on obligatory- military service or alternative civil protection- or community services, as well as during the four weeks before- and subsequently to the service, when the service has a duration of more than eleven days;
        • when an employee is partially or totally hindered in providing the labour inculpably due to sickness or accident; and this during 30 days in the first year of service, during 90 days from the second to the fifth year of service, and during 180 days from the sixth year of service;
        • during pregnancy and during the 16 weeks after the natal confinement of a female employee;
      • Circumstances preventing an employee from giving notice of termination of contractual employment:
        • when a superior, whose position the employee is capable of carrying out as a deputy, or an employer him- or itself, is hindered from exercising his/its business activities due to obligatory military service or alternative civil protection- or community services, and his/its employee is delegated the deputisation for such business activities.
        Statutory consequences
        • nullity and voidance of a notice to terminate:
          • a notice to terminate when inadmissible becomes null and void under Art. 336c, Para. 2 and Art. 336d, Para. 2 of the ‘CoO’);
        • dwell time period of a notice of termination:
          • should termination be notified before the commencement of a dwell time period, and the time period of notice is not yet expired, then the time period becomes interrupted and only continued after the termination of the dwell time period (comp. Arts. 336c, Para. 2 and Art. 336d, Para. 2 of the ‘CoO’).
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Old 28.01.2014, 22:10
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Re: employment termination

In addition to RAV, you could also become a member of http://www.kvz.ch/
The membership fee is about CHF215/- per year and you can become a member anytime. They have excellent lawyers who can advise you on such matters. As a member all the advice is free. I am saying this from personal experience.

Last edited by Nyonais; 28.01.2014 at 22:26.
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Old 28.01.2014, 22:26
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Re: employment termination

the letter says, in accordance with article 335c OR. ty for the Information
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Old 28.01.2014, 22:35
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Re: employment termination

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the letter says, in accordance with article 335c OR. ty for the Information
From the link i understood that 335c is related to notice period

Duty of justification

When notice of termination of a contract of employment is given by an employer, the termination is to be justified in writing on the demand of the employee when the other contractual party so requires (comp. Art. 335, Para. 2 of the ‘CoO’). In case of an infringement of the duty of justification, the following sanctions can be imposed:
  • application claim to the court for compliance;
  • the inclusion of the consideration of evidence of a possible act of misfeasance;
  • the charging of litigation costs and fees.
Time periods of notice and due dates

General

Time periods of notice have the purpose of permitting the contractual parties to readjust themselves to the termination of a contract of employment (search- for a new employee and/or a new position, respectively). The time period commences on the date of the receipt of a notice.
Termination due dates serve the purpose of the coordination of the termination date.
Statutory time periods of notice and due dates

The statute law prescribes the following time periods of notice:
  • during the probationary time period: seven days to take effect at the end of a calendar week (comp. Art. 335b, Para. 1 of the ‘CoO’);
  • during the first year of employment: one month (comp. Art. 335c, Para. 1 of the ‘CoO’);
  • from the second to the ninth year of employment: two months (comp. Art. 335c, Para. 1 of the ‘CoO’);
  • as from the ninth year of employment: three months (comp. Art. 335c, Para. 1 of the ‘CoO’).
The statutory due date for termination is essentially the end of any one calendar month. Any contractual alteration in time periods of notice are to require a written agreement.
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Old 28.01.2014, 22:45
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Re: employment termination

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From the link i understood that 335c is related to notice period

Duty of justification

When notice of termination of a contract of employment is given by an employer, the termination is to be justified in writing on the demand of the employee when the other contractual party so requires (comp. Art. 335, Para. 2 of the ‘CoO’). In case of an infringement of the duty of justification, the following sanctions can be imposed:
  • application claim to the court for compliance;
  • the inclusion of the consideration of evidence of a possible act of misfeasance;
  • the charging of litigation costs and fees.
Time periods of notice and due dates

General

Time periods of notice have the purpose of permitting the contractual parties to readjust themselves to the termination of a contract of employment (search- for a new employee and/or a new position, respectively). The time period commences on the date of the receipt of a notice.
Termination due dates serve the purpose of the coordination of the termination date.
Statutory time periods of notice and due dates

The statute law prescribes the following time periods of notice:
  • during the probationary time period: seven days to take effect at the end of a calendar week (comp. Art. 335b, Para. 1 of the ‘CoO’);
  • during the first year of employment: one month (comp. Art. 335c, Para. 1 of the ‘CoO’);
  • from the second to the ninth year of employment: two months (comp. Art. 335c, Para. 1 of the ‘CoO’);
  • as from the ninth year of employment: three months (comp. Art. 335c, Para. 1 of the ‘CoO’).
The statutory due date for termination is essentially the end of any one calendar month. Any contractual alteration in time periods of notice are to require a written agreement.
The OP stated notice was given before sick leave.......not during.
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Old 29.01.2014, 22:45
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Re: employment termination

another Thing is the letter is dated 30.11.13 and he gave it ot me yesterday the day before my Operation 28.11.14, sorry for the delay in replying but i had my op this morning
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Old 29.01.2014, 23:47
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Re: employment termination

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another Thing is the letter is dated 30.11.13 and he gave it ot me yesterday the day before my Operation 28.11.14, sorry for the delay in replying but i had my op this morning
Well as the letter was not sent registered post, or signed as received, it's not valid.......so it would appear notice has NOT been given at this point in time

Edit, if the letter had been sent registered post on 30.11.13, notice would start from 31.12.13...............
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Old 30.01.2014, 00:25
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Re: employment termination

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another Thing is the letter is dated 30.11.13 and he gave it ot me yesterday the day before my Operation 28.11.14, sorry for the delay in replying but i had my op this morning
You mean 28 January 2014 right?
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Old 30.01.2014, 00:31
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Re: employment termination

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You mean 28 January 2014 right?
The notice runs from the end of the month it is received, a registered letter would not have been received till December, so the clock starts on 31st if the letter was actually sent.......
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Old 30.01.2014, 14:27
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Re: employment termination

The letzter was Not Sent it was given to me in my Hand. And sorry it was 28 Jan 2014
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Old 02.02.2014, 01:10
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Re: employment termination

May be a good idea to get a legal opinion.
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