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Old 25.12.2016, 12:38
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Notice Period

Hello all, i need your advice

Ive been at my company for 4 years but they have drastically reduced my earning potential

I haven offered a job back in uk but they are insisting on 6 months notice
Iwasnt aware that theyd ask 6 months it makes me feel trapped and potentially unable to afford to live.

Is 6 months notice legal?
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Old 25.12.2016, 12:43
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Re: Notice Period

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Hello all, i need your advice

Ive been at my company for 4 years but they have drastically reduced my earning potential

I haven offered a job back in uk but they are insisting on 6 months notice
Iwasnt aware that theyd ask 6 months it makes me feel trapped and potentially unable to afford to live.

Is 6 months notice legal?
Yes it is, I had it several times. No way to come to an agreement with them? Empathize "I wanna go home" or such things rather than "you don't pay enough". "Psychological warfare" gets you places most times
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Old 25.12.2016, 12:45
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Re: Notice Period

They dont want me to leave so im not confident but will try. 6 months is crazy!!
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Old 25.12.2016, 13:04
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Re: Notice Period

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They dont want me to leave so im not confident but will try. 6 months is crazy!!
Depends what side you're on
If you're a knowledge carrier and good at your job (which I guess you are or they wouldn't stall) they usually kindly want you gone as quickly as possible as soon as they have your resignation in hand.
They pay you the whole resignation period. But if you start a new job sooner you're obliged to let them know and they no longer have to pay.
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Old 25.12.2016, 14:03
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Re: Notice Period

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Hello all, i need your advice

Ive been at my company for 4 years but they have drastically reduced my earning potential

I haven offered a job back in uk but they are insisting on 6 months notice
Iwasnt aware that theyd ask 6 months it makes me feel trapped and potentially unable to afford to live.

Is 6 months notice legal?
What does it say in your contract? 3 months is more usual but if it states 6 months in your contract then they can hold you to it.
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Old 25.12.2016, 14:48
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Re: Notice Period

If they changed your terms of employment I don't think they would be able to enforce 6 months notice. Have you already accepted the new terms of employment?
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Old 25.12.2016, 14:53
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Re: Notice Period

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If they changed your terms of employment I don't think they would be able to enforce 6 months notice. Have you already accepted the new terms of employment?
You're on to something there.
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Old 25.12.2016, 15:09
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Re: Notice Period

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Is 6 months notice legal?
What does your contract say?
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Old 25.12.2016, 15:10
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Re: Notice Period

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If they changed your terms of employment I don't think they would be able to enforce 6 months notice. Have you already accepted the new terms of employment?
Sort of correct - if the change is in actuality a change to his/her employment contract, and it hasn't been agreed by both parties yet, then the old contract is still in enforce. S/he can continue earning at the higher "potential", though presumably the company could then decide to terminate, at which point s/he would have to still work out the six months notice. It's more likely in that situation, though, that the OP would be able to agree a reduced notice period, as the company clearly doesn't want to be paying out more money and thus may see early termination as a benefit.

Given how the OP was worded, however, I have my doubts as to whether a contractual change actually happened. There may be some other structural change which doesn't effect the contract, but still limits the OP's earning power under the contract.
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Old 25.12.2016, 15:13
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Re: Notice Period

The Swiss law set standard notice periods. See (Ger: ) https://www.arbeits-recht.ch/kuendig...digung-fristen
This can be overridden by an explicit clause in the contract which you signed. It cannot, however, be buried deep in a "general conditions" document referred to in you contract.
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Old 25.12.2016, 15:17
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Re: Notice Period

I have 6 months notice period and 3 months of accumulated vacation. Do you think it would be possible to negotiate shorter notice period in my case?
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Old 25.12.2016, 15:25
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Re: Notice Period

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I have 6 months notice period and 3 months of accumulated vacation. Do you think it would be possible to negotiate shorter notice period in my case?
Yes you can leave after 3 months & take 3 months vacation. Are you sure the company does not cancel vacation you don't take, they can by law as you are supposed to take vacation.
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Old 25.12.2016, 15:26
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Re: Notice Period

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I have 6 months notice period and 3 months of accumulated vacation. Do you think it would be possible to negotiate shorter notice period in my case?
No need to negotiate. Resign, take your holidays at the end of resignation period. Off you go
(3 months of accumulated vaccation is actually illegal.)
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Old 25.12.2016, 15:33
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Re: Notice Period

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No need to negotiate. Resign, take your holidays at the end of resignation period. Off you go
(3 months of accumulated vaccation is actually illegal.)
Is there some kind of regulation which doesn't allow 3 months of accumulated vacation? I was not aware. My available vacation time is in the company system and the management never warned me that it was too long or that I might lose it.
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Old 25.12.2016, 15:40
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Re: Notice Period

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Is there some kind of regulation which doesn't allow 3 months of accumulated vacation? I was not aware. My available vacation time is in the company system and the management never warned me that it was too long or that I might lose it.
An employee is supposed to take his/her recreation time. It's up to the company to ensure that .... ofcourse many don't. Some how rules about how much you can take to the next year (holidays as well as overtime) to force people to take time off. If they don't have clear rules you're fine.
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Old 25.12.2016, 15:43
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Re: Notice Period

spooks, 6 months notice is perfectly legal - my OH had the same in his first job here - and particularly if you're working on projects that need to be finished before you leave. Check your contract, it should be stated clearly there. If it is then you'll either have to work those 6 months or come to some sort of agreement with your employer to leave earlier if you can manage it.

leonie, not sure if it's a rule, but certainly good policy not to allow so much to be accumulated. a) you need a break, b) you could lose it depending on your company's policy. My OH has to use all of 2016's holiday before the end of January 2017 iirc, he can't carry it over any further. And I think they only allow 6 weeks acculumated if that; they did allow longer, but people were abusing it so they cut back.
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Old 25.12.2016, 15:54
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Re: Notice Period

Might be of interest to you regarding a change that will take place at UBS which officially reduces the resignation period from 3 to 6 months from Jan 2017 (you might need Google translate). Personally, with discussion / tactic I've always managed to come to a good solution without for-fitting good references:

https://insideparadeplatz.ch/2016/05...ur-fuer-unten/
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Old 25.12.2016, 15:56
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Re: Notice Period

Thanks Medea, I guess it all depends on the company policy. At some point I have accumulated too many extra working hours, and my manager was asking me be careful there. But accumulated vacation time has not been the case yet.

I hope to use the extra vacation time to shorten the notice period -- 6 months is very long and might get on the way of the job offer.
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Old 25.12.2016, 16:03
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Re: Notice Period

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leonie, not sure if it's a rule, but certainly good policy not to allow so much to be accumulated. a) you need a break, b) you could lose it depending on your company's policy. My OH has to use all of 2016's holiday before the end of January 2017 iirc, he can't carry it over any further. And I think they only allow 6 weeks acculumated if that; they did allow longer, but people were abusing it so they cut back.
That's my employers rule as well - but am still working with people within my close team that have accumulated and carried-over 85+ days vacation this year
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Old 25.12.2016, 17:37
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Re: Notice Period

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spooks, 6 months notice is perfectly legal - my OH had the same in his first job here - and particularly if you're working on projects that need to be finished before you leave. Check your contract, it should be stated clearly there. If it is then you'll either have to work those 6 months or come to some sort of agreement with your employer to leave earlier if you can manage it.

leonie, not sure if it's a rule, but certainly good policy not to allow so much to be accumulated. a) you need a break, b) you could lose it depending on your company's policy. My OH has to use all of 2016's holiday before the end of January 2017 iirc, he can't carry it over any further. And I think they only allow 6 weeks acculumated if that; they did allow longer, but people were abusing it so they cut back.
An employer can't do that. They would have to pay it out.
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