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  #21  
Old 08.03.2016, 16:29
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Re: Employer has not paid salary - next step?

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Don't believe everything you read in the media!
Fair enough, having just checked a profile I can see that Autosport might be a fraction incorrect.

Fingers crossed the rumoured new title sponsor comes on board and sorts the problem out
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  #22  
Old 08.03.2016, 16:33
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Re: Employer has not paid salary - next step?

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It's not yet late, should be paid by 5th by law.
Curious - we now have the 8th - how did it turn out?
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  #23  
Old 08.03.2016, 17:13
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Re: Employer has not paid salary - next step?

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Curious - we now have the 8th - how did it turn out?
Well we've not received a rappen 😩
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  #24  
Old 08.03.2016, 17:50
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Re: Employer has not paid salary - next step?

As for Einstelltage if OP were to quit:
Not getting paid on time, let alone not at all, is certainly reason enough to quit without being hit by RAV. But to be sure, contacting RAV is among the recommended things.

Contacting RAV (excellent suggeston) is on the same ladder as the Arbeitsamt and the union. I takes a phone call and five minutes to learn if you need or want to get them involved for real - remember, it's their job to help you. You lose nothing by calling them early, but it can cost quite a lot if you're late.

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Ok so slightly different but related. Above it mentions "based upon revenue generated". What if someone is employed by a company but works for an end-client, let's say it's IT support, and the end client without notice decides to terminate the contract. Does the worker expect to get paid for his/her notice period or is it if the salary is based upon "revenue generated" and there is none, that they receive no payments?
"revenue generated" would typically apply to a salesman or similar with direct, personal influence on the result. What you describe has no direct influence on the typical IT employee's salary; only if for instance the employer has to downsize or goes bankrupt as a conseqeunce.
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  #25  
Old 15.03.2016, 10:55
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Re: Employer has not paid salary - next step?

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1. Try to make a last personal approach (Phone) to the HR.
2. Write a letter , setting a deadline with one week to pay your salary , with registered mail.
3. You can walk of of your job, if the company does not pay your salary, those
hours of doesn't have to be rectified.
The next step would be dissolve the working contract, but you have to inform the RAV and seek for legal advice.

http://www.srf.ch/konsum/rechtsfrage...hn-nicht-kommt
It looks like someone has taken the opportunity to jump without the usual F1 'gardening leave' where you're not allowed to work for another team...

http://www.racer.com/f1/item/127121-...-leaves-sauber
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  #26  
Old 01.04.2016, 17:42
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Re: Employer has not paid salary - next step?

Urgh....here we go again! Hopefully it's a case of "on which day will we get paid?"...rather than "will we get paid at all?"
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  #27  
Old 02.02.2021, 13:49
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Re: Employer has not paid salary - next step?

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It is no secret that there is a huge difference between the reality and federal court rulings. This is in my opinion also wanted by the legislator. Plenty of Reglements and Contracts do have this 15th of or 10th of or 5th of inside written.

After 1 or 2 reminders he will go to the RAV and they tell him,
1. sue
2. Betreibungsamt
3. cancel your job contract without notice.

In any case, you at high risk getting from employer the immediate Termination of contract in case 1 or 2 and for 3 the RAV will give you "Einstellungstage" for sure if you did not hold the job for at least 3 months. Only if the employer is in bankruptcy then he is entitled to get assistance from the ALV.
I propose to go to court and do seek immediate jobs. Later if he is in contact with RAV he can show that he did try his best to be not unemployed.


When I sue, does the employer have to pay the lawyer fees if they loose?
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  #28  
Old 02.02.2021, 14:02
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Re: Employer has not paid salary - next step?

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When I sue, does the employer have to pay the lawyer fees if they loose?
Depends if they are bankrupt or not.
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  #29  
Old 09.02.2021, 12:29
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Re: Employer has not paid salary - next step?

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When I sue, does the employer have to pay the lawyer fees if they loose?

In principle, the loser also pays the legal fees. But what I have noticed is that the judges artificially lower the legal fees. That means you pay 2000 francs legal fees to your Guy, the judge only awards you 1000 francs because according to the fee ordinance a maximum of 210 francs hourly rate is possible or the lawyer has made too much unnecessary effort.
Without a lawyer, however, I do not recommend going to court. Better to take a look at the canton's fee schedule first. Then clearly negotiate the hourly rate with your lawyer. Anything over 210 francs will never be recognized by a court.

If you are left with legal fees, you can - if you win - deduct the legal fees from your tax return at least.
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  #30  
Old 16.02.2021, 21:28
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Re: Employer has not paid salary - next step?

check this:


https://www.srf.ch/sendungen/kassens...hn-nicht-kommt


use google translate or DeepL
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