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Old 19.03.2017, 14:18
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Notice period

Hello all,

I am working in a company in Zurich and my notice period is 3 months. I am about to resign and my question is very simple:

What happens if I donīt stay in the company the 3 months of notice period?

I am aware that I should negociate the notice periode. However, what can happen if they donīt allow me to leave before 3 months?

I know I will not have a good reputation anymore from this company, it makes sense, but is there another legal consecuence?

Thank you all for your help.
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Old 19.03.2017, 14:23
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Re: Notice period

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Hello all,

I am working in a company in Zurich and my notice period is 3 months. I am about to resign and my question is very simple:

What happens if I donīt stay in the company the 3 months of notice period?

I am aware that I should negociate the notice periode. However, what can happen if they donīt allow me to leave before 3 months?

I know I will not have a good reputation anymore from this company, it makes sense, but is there another legal consecuence?

Thank you all for your help.
If you leave before your notice period is over you are in breach of your contract. How they will react? Depends probably on how/why you are leaving.

You can start by asking nicely if they will let you go early.
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Old 19.03.2017, 14:32
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Re: Notice period

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If you leave before your notice period is over you are in breach of your contract. How they will react? Depends probably on how/why you are leaving.

You can start by asking nicely if they will let you go early.

Thanks for your answer.

I have been working in this company for only 5 months. And the explanation is because I have gound a more interesting oportunity. Having 3 months of notice period after being there only 5 months is a lot! (I know this is what I signed).

They will probably not allow me to leave earlier as there is a lot of work to be done.
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Old 19.03.2017, 14:40
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Re: Notice period

Leaving earlier means not fullfilling your contract... how they react, it can be everything from bringing you to court till ignoring the fact...
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Old 19.03.2017, 14:40
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Re: Notice period

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Thanks for your answer.

I have been working in this company for only 5 months. And the explanation is because I have gound a more interesting oportunity. Having 3 months of notice period after being there only 5 months is a lot! (I know this is what I signed).

They will probably not allow me to leave earlier as there is a lot of work to be done.
You could reduce it by any holiday you have owing as well as any overtime hours but that would be your only way of leaving early unless you can negotiate, which sounds unlikely if you are really busy.
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Old 19.03.2017, 14:42
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Re: Notice period

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Thanks for your answer.

I have been working in this company for only 5 months. And the explanation is because I have gound a more interesting oportunity. Having 3 months of notice period after being there only 5 months is a lot! (I know this is what I signed).

They will probably not allow me to leave earlier as there is a lot of work to be done.
They can sue you for any loss, so if they have to take a temp at +50% of your salary you would have to pay that extra cost to the company.

Be aware it's 3 months notice from the end of the month, not 3 months from the day you give it.
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Old 19.03.2017, 14:51
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Re: Notice period

@jcmca
Remember that, since such notice periods are not so very unusual in Switzerland, your new employer will most likely understand that you will first have to work for the duration of your notice. Here is is, perhaps, less likely than in some other countries that the new employer would demand: "You be here on the 1st of next month, or don't bother!".

Also, Switzerland is a very small country. Each sub-culture, especially a professional field, is smaller yet. In many kinds of skilled employment, one has a high chance of meeting the people from a previous job somewhere in the future. It is well not to tarnish your reputation. That can be a very serious result, with potentially far-reaching consequences, of not fulfilling a contractual obligation.

Obviously, you wouldn't resign until you have the new job offer. Don't sign there for something you can't deliver. It is possible to have the job offer put in writing, including that the starting date is variable, to be confirmed by a certain date some weeks after the offer is made. That gives you the chance to speak openly to the current employer, tell them you're leaving, and ask to be released earlier, and then bring news of such a compromise back to the new employer.

Last edited by doropfiz; 20.03.2017 at 04:43.
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Old 19.03.2017, 14:52
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Re: Notice period

Assuming the other way round and that you were happy in your work, what would you do if they came up to you at the end of the month and said goodbye, we don0t want you any more and we won't pay you any more.

Herein lies the answer to your question.
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Old 19.03.2017, 17:07
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Re: Notice period

It's not unheard of for an unhappy manager in such a situation to call up your new manager and explain what happened. Consider the possible consequences before you act...
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Old 19.03.2017, 18:02
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Re: Notice period

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You could reduce it by any holiday you have owing as well as any overtime hours but that would be your only way of leaving early unless you can negotiate, which sounds unlikely if you are really busy.
He can leave "effectively" before the end of notice period if he has unused vacation, but I am not 100% sure that he can start working for the next employer during his vacation, during which he is still paid by the current employer and regulated by its rules until the end of notice period. If the regulation of the current employer requires the approval if employee has another job, then he is obliged to get this approval, although in practice I do not see why it will not be approved (anyway the employee is leaving). But legally speaking he should respect the regulation until the last day of notice period.
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Old 19.03.2017, 18:06
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Re: Notice period

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He can leave "effectively" before the end of notice period if he has unused vacation, but I am not 100% sure that he can start working for the next employer during his vacation, during which he is still paid by the current employer and regulated by its rules until the end of notice period. If the regulation of the current employer requires the approval if employee has another job, then he is obliged to get this approval, although in practice I do not see why it will not be approved (anyway the employee is leaving). But legally speaking he should respect the regulation until the last day of notice period.
Good point - yes, I hadn't thought about that.
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Old 19.03.2017, 19:04
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Re: Notice period

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Also, Switzerland is a very small country. Each sub-culture, especially a professional field, is smaller yet. In many kinds of skilled employment, one has a high chance of meeting the people from a previous job somewhere in the future. It is well not to tarnish your reputation.
Canīt overstate how true this is - I keep bumping into former colleagues who are now clients or clients who are former colleagues of my current colleagues or former clients who changed jobs but once again became clients in their new roles.

Outside Switzerland but within my multinational employer I also keep bumping into people who know my current or former colleagues. So if you plan on changing careers and leaving the country go ahead burn any and all bridges. If you plan to stay in the general sphere you are in at the moment work out a solution that is mutually agreeable.

Finally, if it's really only been five months are you sure you're outside your probation period? If not you may be able to leave faster.
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