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Old 04.01.2017, 00:37
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Need Advice: Employer wants to terminate job-contract before even starting!

Hello Forum,

I have a weird situation here and I really need all your expertise here. So feel free to give me as many advice as possible.

I have a job contract with a US based company in Switzerland. However, due to unforeseen circumstances within the company (shutting down teams), they plan to cancel my contract too. They have been really unprofessional about it, not responding to emails and stalling to much (1.5 months). The contract mentions that termination can happen during two weeks of the probation period, which I didn't even start! This is an undetermined contract btw.

I am really pissed because they have caused me a lot of damage. I had other offers which I had to decline before as this one was the best. Rekindling the offers has been really hard! Not to mention also the psychological disturbance they have caused me.

I would like to know how can the Swiss law help me here? What are my rights and how can I be prepared before the HR tries to negotiate something with me.

Thank you guys! All your suggestions and advice would be very helpful for me! If there is any information that you would like me to share from the contract please inform me.

Cheers!
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Old 04.01.2017, 00:50
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Re: Need Advice: Employer wants to terminate job-contract before even starting!

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Hello Forum,

I have a weird situation here and I really need all your expertise here. So feel free to give me as many advice as possible.

I have a job contract with a US based company in Switzerland. However, due to unforeseen circumstances within the company (shutting down teams), they plan to cancel my contract too. They have been really unprofessional about it, not responding to emails and stalling to much (1.5 months). The contract mentions that termination can happen during two weeks of the probation period, which I didn't even start! This is an undetermined contract btw.

I am really pissed because they have caused me a lot of damage. I had other offers which I had to decline before as this one was the best. Rekindling the offers has been really hard! Not to mention also the psychological disturbance they have caused me.

I would like to know how can the Swiss law help me here? What are my rights and how can I be prepared before the HR tries to negotiate something with me.

Thank you guys! All your suggestions and advice would be very helpful for me! If there is any information that you would like me to share from the contract please inform me.

Cheers!
Your rights are in the contract you signed.
5 days notice during probation period is standard in CH.
Swiss law will not help you in any way, if they offer you anything thats a bonus.
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Old 04.01.2017, 00:55
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Re: Need Advice: Employer wants to terminate job-contract before even starting!

Thank you for your reply fatman. I believe I understand you, so you are saying 5 days probation from the starting date (whenever it is), even if they don't need me to come in... it starts from that day. That is sad .. but thank you for your reply!
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Old 04.01.2017, 00:59
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Re: Need Advice: Employer wants to terminate job-contract before even starting!

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Thank you for your reply fatman. I believe I understand you, so you are saying 5 days probation from the starting date (whenever it is), even if they don't need me to come in... it starts from that day. That is sad .. but thank you for your reply!
Unfortunately there is very little employee protection as notice can be given for any reason, only the notice period needs to be paid by the company. Unfair dismissal does not exist in the normal sense,
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Old 04.01.2017, 01:02
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Re: Need Advice: Employer wants to terminate job-contract before even starting!

Yes, that is unfortunate. However, what do you mean by an unfair dismissal? I didn't even begin to be evaluated. If i understand you correctly, you mean a team shutdown is a fair dismissal argument.
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Old 04.01.2017, 01:05
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Re: Need Advice: Employer wants to terminate job-contract before even starting!

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Yes, that is unfortunate. However, what do you mean by an unfair dismissal? I didn't even begin to be evaluated. If i understand you correctly, you mean a team shutdown is a fair dismissal argument.
Sure re-organasitain is fine.
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Old 04.01.2017, 09:43
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Re: Need Advice: Employer wants to terminate job-contract before even starting!

As for the job itself see FMF above. But the question is if only Swiss law applies.

The start of your membership here indicates to me that you may have come over from the US due to this position, which of course means lots of additional stuff needs be done and costs incurred. If that's the case, they happened pre-contract and probably in the US, so US law may apply, which may well give you a better position, dunno.
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