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Old 23.08.2016, 21:54
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New contract while on Notice Period

Hi there, I have searched the forum but could not find a similar situation.

I am on sick leave since March. Having more than 4 years contract and after termination of the protection period, I was dismissed from my Job, notice period of 3 months starting in August.

My doctor declared me now 50% fit to work, but 100% unfit to work in my current employer.

I have asked to be "dismissed" but no answer yet.

It is clear I am not coming back and as far as I am aware, they have removed my access rights from my badge, they have erased my VPN account, and so forth...

Questions:

1) In the very improbable case I find a new Job, can I begin a new contract before the end of my notice period?

2) Do I need to go to RAV now? I am still on 50% sick leave. I have been actively searching for a Job, of course.

Thanks
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Old 23.08.2016, 22:04
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Re: New contract while on Notice Period

If they dismiss you while you are on sick leave they will need to continue to pay you until you are fit to work again. RAV can assist you with this. Even if they take away your access codes, laptop, etc they will still need to pay your salary and you will still be technically employed. Talk to RAV they are very helpful in these situations. Good luck!
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Old 23.08.2016, 22:16
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Re: New contract while on Notice Period

Many conditions depend on the contract which we don't know here. On the question of how long the company has to pay there is no unlimited period. In any case go to the RAV and document every effort to get a new job.

Last edited by 3Wishes; 24.08.2016 at 16:34. Reason: removed HTML tags affecting spacing
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Old 23.08.2016, 22:16
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Re: New contract while on Notice Period

If you get the information by your company , that will be unemployed at some time, you must inform the RAV immediatley and start doing applications,
otherwise the RAV can punish you , witholding the payment for up to 60 days.
You must inform the RAV to get unemployment funds , they can help with websites, you usually don't have access to (without payment).
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Old 23.08.2016, 22:18
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Hi,

they have paid me 100% for the initial 90 days. As of July I get only 80% of the salary and there is an insurance company in the middle.

Pay is not an issue (yet...you never know). However, I have learned that immediate availability can get you extra points over other candidates for the same position, so I was wondering if I could, say start working before end of notice, if they let me go.

Thanks

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What kind of superb reference letter can be expected after 7 months? At our
company we would just confirm he had been employed during that time and not even hiring 20 lawyers would change that.


And the reference letter is just half the story. The other half is what is said on the phone if someone calls and askes. The more trouble a person makes the more negative the reply will be. And no lawyer can help...
Not worried about that. I got excellent reference letters from people with whom I worked with and that are from outside companies.

Also, I did not tell the whole story because it makes no sense to drag it here. You have no info on what was done to me and to my health, so 7 months it was, as it could have been more.

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If you get the information by your company , that will be unemployed at some time, you must inform the RAV immediatley and start doing applications,
otherwise the RAV can punish you , witholding the payment for up to 60 days.
You must inform the RAV to get unemployment funds , they can help with websites, you usually don't have access to (without payment).
UNIA has informed me that, while on sick leave, I have no obligation to go to RAV....the 50% unfit due to illness has been given only in August. And I am looking of course and have it documented (mostly goes by email anyway).

Last edited by 3Wishes; 24.08.2016 at 16:34. Reason: merging consecutive replies
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Old 24.08.2016, 00:09
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Re: New contract while on Notice Period

I understand the notice period is still ongoing, though I'm not sure as you write you asked to be dismissed, but earlier say you have already been dismissed - not sure what that means.

You can take on a new job BUT need to inform your still-current employer immediately if you do. The contract can then be terminated with immediate effect by mutual agreement (so-called Aufhebungsvertrag)

I would recommend to not give up any rights during the notice period if you don't absolutely have to. That includes payments through the insurance.

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If they dismiss you while you are on sick leave they will need to continue to pay you until you are fit to work again. (...) Even if they take away your access codes, laptop, etc they will still need to pay your salary and you will still be technically employed.
No they do not and no, she is not protected. Once a certain time period has passed, they can terminate her contract and she won't be employed anymore. It's not the employer who continues paying her. It's the insurance that pays and even that needs to be checked very carefully as the continuation of payment depends on the exact agreement with the insurance.
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Old 24.08.2016, 10:14
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Re: New contract while on Notice Period

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I understand the notice period is still ongoing, though I'm not sure as you write you asked to be dismissed, but earlier say you have already been dismissed - not sure what that means.
Sorry, used twice the same words They have terminated my contract as of 31st of October; I have requested to be "dismissed" or not obliged to return to my working place, since the doctor already wrote me 100% unfit for that Company. However, they are requesting a new doctor statement each month and doctors are not exactly cheap in CH (and plus, diagnose is done and follow up is ongoing with another professional witch can not write a medical attestation). Therefore I requested a "Gartening leave"(or so I have read here in the forum).

Thanks

Last edited by 3Wishes; 24.08.2016 at 16:35. Reason: fixed quote. Please take care when editing so as not to remove HTML tags
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Old 24.08.2016, 11:00
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Re: New contract while on Notice Period

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Sorry, used twice the same words They have terminated my contract as of 31st of October; I have requested to be "dismissed" or not obliged to return to my working place, since the doctor already wrote me 100% unfit for that Company. However, they are requesting a new doctor statement each month and doctors are not exactly cheap in CH (and plus, diagnose is done and follow up is ongoing with another professional witch can not write a medical attestation). Therefore I requested a "Gartening leave"(or so I have read here in the forum).

Thanks
I don't understand why you asked for a garden leave. Your doctor confirms you shouldn't go back there, that is all that is needed. You already are essentially on a garden leave - it's just a sick leave in your case.

You will fare (or would have fared) significantly better if you go to the doctor twice more, pay the 100 bucks each time, and ask for a new medical note. Assuming it is a burnout or depression related absence, your doctor should have no problems just sending a new note every month since the diagnosis and next steps are clear (i.e. no going back to the company, but 50% elsewhere is fine).

They are required to pay you during your notice period. If you're sick during that time, so be it. If you voluntarily give that up by asking to not have to provide a medical note, you may well not be paid anymore as of immediately.

While this is a grey zone, from where I'm standing, asking for a garden leave may well result in an Aufhebungsvertrag (see above) as they will not believe you are sick. As stated above, you have zero protection anymore and if they have any reason to believe you're not sick - as you can't be bothered to send in a new note for the remaining two months - this may well not end well for you and you may lose the two months' payment.

You also need to check very carefully what is regulated in the Krankentaggeldversicherung of your employer. Get in touch with the insurance. You need to ensure you will continue to receive payment even after your notice period has run out, since you will still be called off sick, even if only part time. Depending on the insurance they may do that anyway, or they may not and then you would have to pay the (very high) premiums yourself. You may not easily find a 50% job either, which is essentially all you can look for.

You should tread extremely carefully here and just wait out the notice period. You could lose much more than the cost of two more doctors' appointments.
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Old 24.08.2016, 11:45
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Re: New contract while on Notice Period

Thanks Samaire13, I do know that I risk a lot, just for 2 months.

Anyway, is not a case that I cannot be bothered, it is just that he goes on holiday for 3 months so I guess I will take the medical report to my "HausArtz" and ask for new documents.

And stay put...
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