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Old 25.01.2015, 10:04
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Re: Anderungskundiging [change of contract]

thank you gents for the confirmation, we'll see where this is going to go. I'll report back

as for the ethical side, the IT sector is very small indeed, but there's only a limited number of f#cks one is supposed to give, especially after a company used him in all possible ways.
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Old 10.06.2017, 10:31
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Re: Anderungskundiging [change of contract]

Bonjour


I am new to the forum and have a question on this and am lucky to found this thread with search.


My employer wants to eliminate company car from employment contracts


HR will be sending a letter including an addendum to our contracts with request we sign it. If we sign then we agree to reduce our comp/ben (with gun against our head of course). If we do not sign then we will be fired.


If we sign, does that then still imply an Anderungskundigung? I ask because signing is best option to remain employed (my wife is pregnant and need stability) but it would also be beneficial for me if it is still an Anderungskundigung because I have a contract clause stating i get severance if fired within x years of moving to Switzerland for this company. My understanding of Anderungskundiging is that your existing contract is terminated (fired) and you get new one with worse conditions.


Merci for feedback.
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Old 10.06.2017, 13:07
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Re: Anderungskundiging [change of contract]

Tricky situation. How easy do you suppose finding a new job will it be for you? With extra payments I suppose this might be a good idea to use the companies idea for cust cutting against them..

Companies rarely calculate in how much their work staff can be annoyed from taking some benefits away. Swiss market for jobs fortunately is kinda robust. Use it at your advantage.
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Old 10.06.2017, 15:19
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Re: Anderungskundiging [change of contract]

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Tricky situation. How easy do you suppose finding a new job will it be for you? With extra payments I suppose this might be a good idea to use the companies idea for cust cutting against them..

Companies rarely calculate in how much their work staff can be annoyed from taking some benefits away. Swiss market for jobs fortunately is kinda robust. Use it at your advantage.


Yes, agree. One senior leaves because such a change pisses them off (it is breaking the trust - just like if employee goes to employer and demands to work 50% part time but receive same salary) and the company will throw away all the savings on a headhunter again.


Also, makes people distrust the company and be more demanding whenever a contract needs to be negotiated (for instance when asked to move to other country).


Back to my case. My question is more specifically:
- they send me this addendum
- let's say I sign it
- does that then still represent an Anderungskundiging which triggers the severance agreement I have with them or is there no Anderungskundigung when I sign the addendum?


I ask because for instance I read this online "Unabhängig von der Annahme des Änderungsangebots wird das Arbeitsverhältnis auf den vorgesehenen Termin beendet. Gleichzeitig wird auf diesen Zeitpunkt ein neues Arbeitsverhältnis zu den geänderten Bedingungen begründet."


Which indicates that even if you accept that practically it means your old contract was terminated and a new one takes effect. That way I and others can demand severance and use that money to pay for a car.


Best to go to a lawyer of course but that's expensive... maybe people have experience?
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