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  #1  
Old 03.11.2006, 19:26
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Girlfriend is Pregnant [Employment Protection]

Hello,
My girlfriend was hired at a job cleaning a hotel and we learned she is now pregnant. She says if she tells her Manager she will be fired and there is no law in Switzerland to protect against this during the first three months of employment. First is this true. It would be better for her to tell because there are a few things she should not do but she can do still 95% of the work.
Tnank you for your help.
A.C.
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Old 03.11.2006, 19:31
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Re: Girlfriend is Pregnant

The important thing is that she notifies them in writing, preferably by registered mail, that she is pregnant. If you send it by mail it is nearly impossible for them to backdate a termination.

After that they cannot legal fire her except in very exceptional circumstances. If your girlfriend resigns, then she no longer has this legal protection.
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Old 03.11.2006, 19:54
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Re: Girlfriend is Pregnant [Employment Protection]

Thank You for answering. She is claming they can fire her until the first three months are over because thats how the contracts work in Switzerland. Her sister was fired from her job for this reason in Interlocken also at a hotel. What should this letter say ? We need the job for our family if they fire her it will cause us problems.
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Old 03.11.2006, 20:06
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Re: Girlfriend is Pregnant [Employment Protection]

Quote:
Thank You for answering. She is claming they can fire her until the first three months are over because thats how the contracts work in Switzerland. Her sister was fired from her job for this reason in Interlocken also at a hotel. What should this letter say ? We need the job for our family if they fire her it will cause us problems.
Hello
you may try out this site:
http://www.equality.ch/

Call them or email them with your problem.
Hope this can help.

HAT
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Old 03.11.2006, 20:48
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Re: Girlfriend is Pregnant [Employment Protection]

Quote:
Thank You for answering. She is claming they can fire her until the first three months are over because thats how the contracts work in Switzerland. Her sister was fired from her job for this reason in Interlocken also at a hotel. What should this letter say ? We need the job for our family if they fire her it will cause us problems.
Ah, you didn't mention she was still on probation. I am not sure what protection is afforded in this case. How long has she worked there so far? My suggestion is that she tries to get some sort of interim appraisal in writing, something that says so far she is doing a good job. That way they can't use the excuse for failing her probation.
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Old 03.11.2006, 21:12
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Re: Girlfriend is Pregnant [Employment Protection]

To whom it may concern:

Trial period

The law of 1 August 2001 puts an end once and for all to an old legal controversy concerning workers who find themselves pregnant during a trial period.
When an employee is working under a contract of indefinite length that includes a trial period, the clause relating to the trial period is suspended from the day that the employer is handed the medical certificate establishing that she is pregnant to the point when maternity leave commences. The amount of the trial period not worked is resumed at the end of the period during which the woman is covered by the special maternity protection against dismissed.

Link: http://www.eiro.eurofound.eu.int/200...u0110108f.html

Just need to find out if this apply to Swiss working law.
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Old 03.11.2006, 21:34
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Re: Girlfriend is Pregnant [Employment Protection]

Thanks for helping us. I too am looking for some information and she looked in german but were not really finding anything. She wants to not tell but I think she should to protect her. There are only a few things she cant do but she is sure they will fire her. She has worked there only 3 weeks but is a dedicated worker.
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Old 03.11.2006, 21:43
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Re: Girlfriend is Pregnant [Employment Protection]

Switzerland is the # 59 in the ILO list, that mean they are on this new law.

Link: http://www.eiro.eurofound.eu.int/200...u0110108f.html
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Old 03.11.2006, 22:35
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Re: Girlfriend is Pregnant [Employment Protection]

I can also recommend getting in touch with the relevant union (Gewerkschaft), I think Unia applies to the hotel industry. They will know all this stuff, and any tricks hotel administrators try to play.
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Old 05.11.2006, 10:19
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Re: Girlfriend is Pregnant [Employment Protection]

Your gilfriend cannot be fired during her pregnancy, it is ilegal for an employer to terminate the employment of a pregnant women during the entire pregnancy and for 16 weeks after the birth. Check out this link for the details.
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Old 05.11.2006, 10:49
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Re: Girlfriend is Pregnant [Employment Protection]

Exactly the same thing happened to me as with your girlfriend. Was in a new job at a hotel when I found out I was pregnant. I planned not to tell the manager straightaway - ( I loved the job there and naively thought I could carry on as normal) but unfortunately in the end I had to anyway cos the combination of tiredness and morning sickness was so bad that it affected my work (had to get up at 6am to get there).

However, when I told the manager he was not too bothered and said I could have a few days off and come back when I felt better.

Three weeks later I came back and one day later I gave in my notice. I couldn´t look at another bed and think about just dropping on it and go to sleep.

You say you both have just found out. Well, I don´t know how far long she is, but if she plans not to say anything, she might not feel up to it down the line...and might end up being sacked purely for not doing her job properly. May as well tell them straightaway.

Jane
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Old 05.11.2006, 11:43
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Re: Girlfriend is Pregnant [Employment Protection]

Not to be a spoil sport but if someone hires you for kind of physical work and you get pregnant then why should the employer have to put up with all the issues that arise from it? Surely your wife will have to take time out sooner or later...then don't the hotel people have to look for a new person all over again? I can understand someone who has been at a job longer but few weeks in my books takes the piss. Isn't that expecting too much from the employer as a matter of principal (law or no law)? Last time I checked most employers were not in the charity business.

Btw if her job was so important to your household and if you were fully aware of the consequences (based on her sister who also got pregnant) then why did you get her pregnant in the first place? It's obvious that you guys are not in a good financial situation...is bringing another life into this world going to make things easier?

P.S- I really do not mean to offend you or anyone. It's obviously your choice as to what you do in your life. I am just talking straight and expressing my views even if they come across as rough. Good luck with everything and I sincerely hope that things turn out good for you.
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Old 05.11.2006, 11:50
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Re: Girlfriend is Pregnant [Employment Protection]

Quote:
Not to be a spoil sport but if someone hires you for kind of physical work and you get pregnant then why should the employer have to put up with all the issues that arise from it? Surely your wife will have to take time out sooner or later...then don't the hotel people have to look for a new person all over again? I can understand someone who has been at a job longer but few weeks in my books takes the piss. Isn't that expecting too much from the employer? Last time I checked most employers were not in the charity business.

P.S- I really do not mean to offend you or anyone. It's obviously your choice as to what you do in your life. I am just talking straight and expressing my views even if they are hard views
Employers are not charities but neither are they out of pocket. Women pay social insurance that covers all maternity pay. You will also find that in most cases women will perform all of their regular work duties unless it is dangerous to do so.
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Old 05.11.2006, 12:03
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Re: Girlfriend is Pregnant [Employment Protection]

Quote:
Employers are not charities but neither are they out of pocket. Women pay social insurance that covers all maternity pay.
Hey men also pay social insurance Unless you are saying that women pay extra on top? Would taking unemployment benefit not be a better option?
In this case whether the pregnant lady can perform all the physical activity or not is for the employer to decide (maybe in consultation with the pregnant person). I do think the employer has the right to know if a brand new employee gets pregnant...it's not as if you will be able to hide the bulge anyway. On the other hand if the lady is thinking of resigning in 2-4 months time then she should maybe not tell.

Ok I am out! This seems bit complicated for my male head.
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Old 05.11.2006, 13:13
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Re: Girlfriend is Pregnant [Employment Protection]

Quote:
Employers are not charities but neither are they out of pocket. Women pay social insurance that covers all maternity pay. You will also find that in most cases women will perform all of their regular work duties unless it is dangerous to do so.
Actually, that's not strictly true. Employing women (of child bearing age) and older people is more expensive for an employer. When employees get older the employer contributions go up considerably. Employers also have to cover the sickness of employees via an insurance, and usually this means that the employer has to pay the first 30 days of the so called "sickness daily allowance", and only after this does the insurance kick in (unless they pay even more to have it kick in after 3 days). So it might seem cool that employer has insured everything - but the employer has to pay for this insurance and also considerable costs out of their own pocket. Let's not forget the cost of employing or finding that person in the first place, and the cost/disruption to the business of holding the job open for that person.

For a large company they can spread the effect out, but for a small company it can be a huge deal for the employer. Personally I feel that the government should take over the burden/risk of employing women and older people - not the employer.

Why? Because the way it is set up now means that people in these groups will get discriminated against. After all - if it was your business you would probably make the hiring decisions based on the impact to your business and your own bottom line - it's horrible to say - but I would too, and most people if they were honest about it would admit that as well.

Actually the best person for a business to hire is a young foreign male. Why? No chance of pregnancy, pension costs are lower (youth), less chance of getting sick and finally - no military or civil service obligation (foreigner). Sad but true...

Of course this doesn't mean I think pregnant women shouldn't have any rights, only that JamaicanRum did sort of have a point - we forget about the fact that the burden which falls on small business isn't as trivial as we think it is.
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Old 05.11.2006, 14:09
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Re: Girlfriend is Pregnant [Employment Protection]

Quote:
Actually, that's not strictly true. Employing women (of child bearing age) and older people is more expensive for an employer.<snip>

Personally I feel that the government should take over the burden/risk of employing women and older people - not the employer.<snip>
Why are 'older people' more expensive to employee (other than employer's pension contributions could be higher). Do they need a nap after lunch or something?
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Old 05.11.2006, 14:11
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Re: Girlfriend is Pregnant [Employment Protection]

[quote=jamaicanRUM]

Btw if her job was so important to your household and if you were fully aware of the consequences (based on her sister who also got pregnant) then why did you get her pregnant in the first place? It's obvious that you guys are not in a good financial situation...is bringing another life into this world going to make things easier?

[/quote]

How rude! I'm sure A.Clarke wasn't expecting a lecture along with the advice he was seeking.
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Old 05.11.2006, 15:34
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Re: Girlfriend is Pregnant [Employment Protection]

Quote:
How rude! I'm sure A.Clarke wasn't expecting a lecture along with the advice he was seeking.
I would say A.Clarke must expect all opinions when he posts his person predicaments on a public forum.
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Old 05.11.2006, 16:13
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Re: Girlfriend is Pregnant [Employment Protection]

Employers have to declare the gross annual salary the company pays in total for all women and all men. The insurance premium for sick leave etc is then calculated as a percentage of the total salaries, women cost almost 1% more than men.

The age thing plays a role in the BVG a secondary pension fund that an employer must pay into for his employees... an older woman here also costs more... again some percentage calculation depending on age bracket and sex of the gross annual salary.

So, yes a big company can afford the risk. However, in this situation, the girl will quickly become restricted in the work she can do as cleaning is physically demanding. By not informing the employer you are not giving them the oppertunity to make sure someone else is able to do the work. After all the hotel rooms still need to be cleaned. As for the legal aspects of not getting fired... well I don't know that much about those. As cruel as this may sound, I SYMPATHISE with employers, in this situation. For a desk job I think its less of an issue... Either way, good luck
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Old 05.11.2006, 20:45
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Re: Girlfriend is Pregnant [Employment Protection]

Hey Folks,

I just did some more research and have found that during the Probezeit (trial period) the special conditions which prevent the employer firing an pregnant woman does NOT apply. See the following link (in German) http://www.viavia.ch/spip/article.php3?id_article=176
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