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  #41  
Old 01.03.2017, 18:10
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Re: termination letter and legal options. URGENT

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https://www.admin.ch/opc/en/classifi...ndex.html#a341

H. No right of waiver; time limits

1 For the period of the employment relationship and for one month after its end, the employee may not waive claims arising from mandatory provisions of law or the mandatory provisions of a collective employment contract.


This being said you can always enter into a settlement agreement which is balanced. For details consult your neighborhood labor law lawyer...
The employer is paying notice plus 12 months pay so there is no question that the employer is trying to get out of mandatory provisions of law.

The OP is just taking the Piss.
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  #42  
Old 02.03.2017, 06:19
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Re: termination letter and legal options. URGENT

IS THERE A TRICK HERE?

The termination letter says
1. Providing at all times you are in compliance with the terms of the agreement concurrent with your waiver as per #2 (see below), the company will make during the second month after the termination date a lumpsum severance payment

#2 Concurrent with the severance payment you will waive in writing at the beginning of the 2nd month after the termination date all your rights to bring any claim against your employer (or affliated companies) in any jurisdiction. If notwithstanding your acceptance of this agreement , you proceed to bring any claims against company you will immediately and upon request reimburse the severance payment in full to the company

3 The severance payment is subject to the fact that the notice period as defined at the beginning of this letter has not been suspended due to the Art 336c OF SWISS CODE OF Obligations. If the notice period has been suspended and the employment relationship has been extended accordingly the Serverance payment will be reduced proportionately

My concerns about the TRICK... Can company play a last minute trick/game and not pay me severance package?
They say I can rejoin company after six month after notice period as any external candidate (experience will start from 0 years). Will then then ask me to give the severance package back?
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  #43  
Old 02.03.2017, 08:31
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Trick in termination letter?

IS THERE A TRICK HERE?

The termination letter says
1. Providing at all times you are in compliance with the terms of the agreement concurrent with your waiver as per #2 (see below), the company will make during the second month after the termination date a lumpsum severance payment

#2 Concurrent with the severance payment you will waive in writing at the beginning of the 2nd month after the termination date all your rights to bring any claim against your employer (or affliated companies) in any jurisdiction. If notwithstanding your acceptance of this agreement , you proceed to bring any claims against company you will immediately and upon request reimburse the severance payment in full to the company

3 The severance payment is subject to the fact that the notice period as defined at the beginning of this letter has not been suspended due to the Art 336c OF SWISS CODE OF Obligations. If the notice period has been suspended and the employment relationship has been extended accordingly the Serverance payment will be reduced proportionately

My concerns about the TRICK... Can company play a last minute trick/game and not pay me severance package?
They say I can rejoin company after six month after notice period as any external candidate (experience will start from 0 years). Will that then ask me to give the severance package back?
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  #44  
Old 02.03.2017, 09:22
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Re: Trick in termination letter?

Either

Almost certainly. You should consult a lawyer immediately.

or

Probably not, but since you are that concerned, you should consult a lawyer immediately.

Take your pick.
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  #45  
Old 02.03.2017, 09:28
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Re: termination letter and legal options. URGENT

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Either

Almost certainly. You should consult a lawyer immediately.

or

Probably not, but since you are that concerned, you should consult a lawyer immediately.

Take your pick.
Wise words indeed.
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  #46  
Old 02.03.2017, 09:32
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Re: Trick in termination letter?

Quote:
View Post
IS THERE A TRICK HERE?

The termination letter says
1. Providing at all times you are in compliance with the terms of the agreement concurrent with your waiver as per #2 (see below), the company will make during the second month after the termination date a lumpsum severance payment

#2 Concurrent with the severance payment you will waive in writing at the beginning of the 2nd month after the termination date all your rights to bring any claim against your employer (or affliated companies) in any jurisdiction. If notwithstanding your acceptance of this agreement , you proceed to bring any claims against company you will immediately and upon request reimburse the severance payment in full to the company

3 The severance payment is subject to the fact that the notice period as defined at the beginning of this letter has not been suspended due to the Art 336c OF SWISS CODE OF Obligations. If the notice period has been suspended and the employment relationship has been extended accordingly the Serverance payment will be reduced proportionately

My concerns about the TRICK... Can company play a last minute trick/game and not pay me severance package?
They say I can rejoin company after six month after notice period as any external candidate (experience will start from 0 years). Will that then ask me to give the severance package back?
Yea, you asked that already, why again?


If you donīt trust your employer with this quite generous package, take a lawyer and blow your redundancy Money on him/her
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  #47  
Old 02.03.2017, 09:41
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Re: Trick in termination letter?

Don't post duplicate threads, it is annoying and bad netiquette termination letter and legal options. URGENT

Go see a real lawyer, and stop pinning all your hopes on a forum full of anonymous people.
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  #48  
Old 02.03.2017, 09:58
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Re: Trick in termination letter?

I doubt you'll be welcomed back, external or not, if you carry on like this at work.
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  #49  
Old 02.03.2017, 10:25
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Re: Trick in termination letter?

What kind of answer are you looking for really? What is your exact question?

They terminated your contract, which they have every right to do, always and with no reason given, as already said in your other thread.

In your case, they have not only given you notice, they also give you a severance the amount of ONE ANNUAL SALARY, paid in one installment, meaning - contrary to others who continue to be employed - you can claim unemployment money despite receiving a full year's worth of salary. This is more than almost all terminated employees in any company at any point in time will ever get - 99% actually get absolutely nothing.

So why in God's name do you think you're getting the short end of the stick here? Why would you assume you're getting "tricked" and what exactly is it you want to do about it?

There is no indication whatsoever that they would not pay you the severance and asking not to take legal action as a condition for that severance is a perfectly normal thing to do. Why would they pay you a substantial amount of money only for you to then turn around and sue them (for whatever you want to sue them)? That is ignoring the fact that no legal action can be taken as nothing illegal is going on here. And it is also ignoring the fact that you already signed that letter anyway.
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  #50  
Old 02.03.2017, 11:26
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Re: termination letter and legal options. URGENT

I think we're done here now aren't we?
Nothing more needs to be said. Thread closed???
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