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Old 03.03.2016, 15:02
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Employer has not paid salary - next step?

Hi there, I can't see a similar post elsewhere in this forum but am looking for some employment advice.

I am here with my partner, we arrived in January and my DO started work in January too. All is going swimmingly except for one thing...his employer does not pay on time

January's pay was only a day late (1st Feb instead of last day of Jan) but February's salary hasn't appeared at all yet. An email was sent on 29th Feb saying "we will pay tomorrow" and then we have heard nothing since and the money didn't appear. DO is working out of the country at the moment in a different time zone so can't easily contact his HR department by phone. As far as I can tell all his colleagues are in the same boat, and the company seems to be run by asking staff/suppliers to wait "a bit longer" while they source funds from somewhere. Very hand to mouth (wish we had known this before we moved!) I do wonder if they will soon go bust or if this is just the way they operate. To go each month not knowing if the salary will appear is going to be increasingly stressful.

My question here is, what steps should we be looking in to to get his salary paid? I found links to websites saying an employer has a duty to pay a salary...but if they don't, it is not clear who I can contact.

Can you help? Our Swiss dream is in jeopardy and we already love it here!

Thanks in advance
DP
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Old 03.03.2016, 15:46
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Re: Employer has not paid salary - next step?

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
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Old 03.03.2016, 15:51
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Re: Employer has not paid salary - next step?

By the sounds of our OH's work for the same company!
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Old 03.03.2016, 16:09
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Re: Employer has not paid salary - next step?

It's not yet late, should be paid by 5th by law.

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Hi there, I can't see a similar post elsewhere in this forum but am looking for some employment advice.

I am here with my partner, we arrived in January and my DO started work in January too. All is going swimmingly except for one thing...his employer does not pay on time

January's pay was only a day late (1st Feb instead of last day of Jan) but February's salary hasn't appeared at all yet. An email was sent on 29th Feb saying "we will pay tomorrow" and then we have heard nothing since and the money didn't appear. DO is working out of the country at the moment in a different time zone so can't easily contact his HR department by phone. As far as I can tell all his colleagues are in the same boat, and the company seems to be run by asking staff/suppliers to wait "a bit longer" while they source funds from somewhere. Very hand to mouth (wish we had known this before we moved!) I do wonder if they will soon go bust or if this is just the way they operate. To go each month not knowing if the salary will appear is going to be increasingly stressful.

My question here is, what steps should we be looking in to to get his salary paid? I found links to websites saying an employer has a duty to pay a salary...but if they don't, it is not clear who I can contact.

Can you help? Our Swiss dream is in jeopardy and we already love it here!

Thanks in advance
DP
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Old 03.03.2016, 20:19
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Re: Employer has not paid salary - next step?

Thank you fatmanfilms, I didn't know about the 5th so will wait that out.

Thanks too for the link blackbird, I will check it out tonight.

EnglishRose, I couldn't possibly comment any further...
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Old 05.03.2016, 09:27
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Re: Employer has not paid salary - next step?

Hi Daisypotz,

I am 100% certain I work at the same place as your OH and I'm pretty sure I can work out who your OH is!

We had some company info about payment on Friday and "they hope" payment will be made early next week but who knows. I also spoke to HR yesterday about the next steps if the company do not pay. They have given me a link to look at which explains the procedure and it seems reasonably straight forward. I will chat to your OH when I see him (Monday?) and give him the info he needs!

Renatus
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Old 05.03.2016, 09:29
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Re: Employer has not paid salary - next step?

BTW - I have been with the company for 7 years and this is the first time they have missed payments. Not sure if that is good or bad news!
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Old 05.03.2016, 10:01
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Re: Employer has not paid salary - next step?

When you google the company it doesnt look too good Im afraid. Hope it works out this time but I would start looking for alternatives.
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Old 07.03.2016, 00:52
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Re: Employer has not paid salary - next step?

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Thank you fatmanfilms, I didn't know about the 5th so will wait that out.

Thanks too for the link blackbird, I will check it out tonight.

EnglishRose, I couldn't possibly comment any further...

Please do check your "Einzelarbeitsvertrag" and the "Reglement" or might be "GAV".
The law tells that the employer has to pay latest end of the month but in case you agreed other deadline it could be the 5th, 15th or what ever. First do check.

In Switzerland not to pay is not correct at all. Do write me privat mail in case you do need the german template for such "warning letter". Be informed such an letter must be taken to employer prior any step like quitting the job, going to RAV or Betreibungsamt.
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Old 07.03.2016, 12:04
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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.
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Please do check your "Einzelarbeitsvertrag" and the "Reglement" or might be "GAV".
The law tells that the employer has to pay latest end of the month but in case you agreed other deadline it could be the 5th, 15th or what ever. First do check.
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Thank you fatmanfilms, I didn't know about the 5th so will wait that out.
Lots of misinformation here. According to this recent article (in german only, sorry):

In general the salary must have been paid by the end of the month (not necessarily received, allow for a couple days transfer time). Exceptions apply if, for instance, you are paid based on revenue generated, but even then payment may be delayed by just a few days into the new month. The Federal Court is mentioned in the article as having unmistakeably ruled that a contract clause stating that payment occurs on the 15th of the following month is always invalid and void.

First, make sure the payment did indeed not happen. The delay could be caused by a gazillion other reasons (granted not too likely, but still).

Second, write to your employer, send an admonition(word?) with a reasonable deadline (3-5 days) by which payment must have happened. Failing that send a 2nd adminotion with a new, extended, deadline in which you mention that unless payment has occured by the new deadline you reserve the right to stop working until after you've been paid. Payment for the new month is still due even for the time you've stopped working, and you don't need to make up for the lost work hours later on. If it comes to this you probably want to contact the Arbeitsamt beforehand, or preferably before you send the 2nd adminition.

You do want to send the admonitions with registered mail only, and do keep the receipt.

Additionally you may want to contact the Arbeitsamt, ask for advice, perhaps the union that covers your company.

One more thing:
You may want to check if socual security payments have happened. I think AHV is to be paid quarterly, in which case nothing's due yet in your name, but 2nd pillar must probably be paid monthly. The people from the Arbeitsamt can probably give clearer info.

You are also due interest, but for now it's probably not worth the hassel. However, you may want to add that you reserve the right to demand interest. No idea what's considered reasonable in these days with negative rates, 4-5% used to be the norm.
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Old 07.03.2016, 12:31
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Re: Employer has not paid salary - next step?

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?
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Old 07.03.2016, 16:53
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Re: Employer has not paid salary - next step?

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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?
Inside your "Arbeitsvertrag" what is written regarding the Workweek? how many hr. per week?
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Old 07.03.2016, 17:15
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Re: Employer has not paid salary - next step?

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Lots of misinformation here. According to this recent article (in german only, sorry):

In general the salary must have been paid by the end of the month (not necessarily received, allow for a couple days transfer time). Exceptions apply if, for instance, you are paid based on revenue generated, but even then payment may be delayed by just a few days into the new month. The Federal Court is mentioned in the article as having unmistakeably ruled that a contract clause stating that payment occurs on the 15th of the following month is always invalid and void.

First, make sure the payment did indeed not happen. The delay could be caused by a gazillion other reasons (granted not too likely, but still).

Second, write to your employer, send an admonition(word?) with a reasonable deadline (3-5 days) by which payment must have happened. Failing that send a 2nd adminotion with a new, extended, deadline in which you mention that unless payment has occured by the new deadline you reserve the right to stop working until after you've been paid. Payment for the new month is still due even for the time you've stopped working, and you don't need to make up for the lost work hours later on. If it comes to this you probably want to contact the Arbeitsamt beforehand, or preferably before you send the 2nd adminition.

You do want to send the admonitions with registered mail only, and do keep the receipt.

Additionally you may want to contact the Arbeitsamt, ask for advice, perhaps the union that covers your company.

One more thing:
You may want to check if socual security payments have happened. I think AHV is to be paid quarterly, in which case nothing's due yet in your name, but 2nd pillar must probably be paid monthly. The people from the Arbeitsamt can probably give clearer info.

You are also due interest, but for now it's probably not worth the hassel. However, you may want to add that you reserve the right to demand interest. No idea what's considered reasonable in these days with negative rates, 4-5% used to be the norm.
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.
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Old 07.03.2016, 17:31
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Re: Employer has not paid salary - next step?

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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
I believe terminating a contract for reasons 1 and 2 above is illegal, but again there's most likely going to be a "what are you going to do about it?" attitude.
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Old 07.03.2016, 17:32
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Re: Employer has not paid salary - next step?

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Inside your "Arbeitsvertrag" what is written regarding the Workweek? how many hr. per week?
Let's say it says 40 hours per week for 100% of salary.
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Old 07.03.2016, 17:42
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Re: Employer has not paid salary - next step?

Ah, the perils of being a forum-newbie, I have no idea how to "thank" people for their individual posts and input here. It is all gratefully received and gives me a lot to think about. Having things in writing is always a good idea so this is where I will start.

DP
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Old 07.03.2016, 17:56
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Re: Employer has not paid salary - next step?

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Let's say it says 40 hours per week for 100% of salary.
then you dont Need to care. Your contractor is responsible to pay you the salary even in the notice period. Clauses such as "money only if revenue" or on a contingency basis are not allowed. This is not permitted for the payroll and only for the bonus.
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Old 07.03.2016, 21:44
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Re: Employer has not paid salary - next step?

Is this the employer?
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Old 08.03.2016, 15:08
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Re: Employer has not paid salary - next step?

Apparently they paid partial salaries but not the whole lot - everyone got a certain percentage of what was owing.
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Old 08.03.2016, 15:45
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Re: Employer has not paid salary - next step?

Don't believe everything you read in the media!
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