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Old 24.06.2008, 15:03
Guest
 
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What rights do I have ?

Hello,

I worked for a startup for over 3 1/2 years. For the first year I did not get any financial benefit but for last 2 1/2 years I got regular payments (bank transfers and not salary certificates).

I ran the whole operation of the company taking care of development + deployment and worked my a.. out. I have about 2000 emails supporting users of the system , a number of business cards printed by the company and references of my name and title in some written official company documents/material.

I was increasingly getting fed up with the amount of work plus the high level planning and decided to quit and find a different job (which I did quite easily). When I announced that I am leaving the attitudes changed and people become very hostile to me and to my efforts (but I had expected that).

I was promised a regular salary i.e. 170K and got something about 60% of it with 40% being piled up in my "virtual account". I have emails + references supporting this.

Now when I reclaimed the 40% for 2 1/2 years, I was told to buzz off, and that since I did not have a contract so i do not have any employee status, and that they would have paid the money if I stayed till very end (which is not in sight btw).

As part of my work, I interacted with a large number of users of the system, who knew my to be carrying a particular "title". So there is lot that can prove my work and involvement in the project.

Can I prove this in court and claim what was promised to me? I read the regulations that say that employment contract does not have to be on paper.

What chances do I have if I go to court ?

Thanks a lot
Nobee
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  #2  
Old 24.06.2008, 15:14
Guest
 
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Re: What rights do I have ?

I don't know the legal situation but some facts that would be useful to add:

Was this a legally registered swiss company ?
Where did the money come from /go to ? A swiss account ?

Have you had deducted, and paid SVA insurances and tax as an employee ?


dave



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Hello,

I worked for a startup for over 3 1/2 years. For the first year I did not get any financial benefit but for last 2 1/2 years I got regular payments (bank transfers and not salary certificates).

I ran the whole operation of the company taking care of development + deployment and worked my a.. out. I have about 2000 emails supporting users of the system , a number of business cards printed by the company and references of my name and title in some written official company documents/material.

I was increasingly getting fed up with the amount of work plus the high level planning and decided to quit and find a different job (which I did quite easily). When I announced that I am leaving the attitudes changed and people become very hostile to me and to my efforts (but I had expected that).

I was promised a regular salary i.e. 170K and got something about 60% of it with 40% being piled up in my "virtual account". I have emails + references supporting this.

Now when I reclaimed the 40% for 2 1/2 years, I was told to buzz off, and that since I did not have a contract so i do not have any employee status, and that they would have paid the money if I stayed till very end (which is not in sight btw).

As part of my work, I interacted with a large number of users of the system, who knew my to be carrying a particular "title". So there is lot that can prove my work and involvement in the project.

Can I prove this in court and claim what was promised to me? I read the regulations that say that employment contract does not have to be on paper.

What chances do I have if I go to court ?

Thanks a lot
Nobee
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  #3  
Old 24.06.2008, 15:15
swissbob
 
Posts: n/a
Re: What rights do I have ?

I would say your chances are very high - the Swiss authorities take exception to dubious employers but you may also find some liability on your side. If you have no salary slips how do you complete a tax return and how do you know you have paid social security and tax etc?

The fact that they regularly paid you (presumably you didn't invoice them) does constitute a contract of sorts.

I wouldn't take them to court though - I'd contact your regional department of labour (Arbeitsvermittlungszentren or simolar) and let them do it for you .
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  #4  
Old 24.06.2008, 15:30
Guest
 
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Re: What rights do I have ?

Thanks a lot,

1. Yes it is swiss registered entity.

2. I declared the amount that I was getting each month in my tax returns. I had gotten a letter from company for that purpose.

3. They (or me) did not do any deductions i.e. all payments were made directly. As each month I was hoping to sign the contract and regularizing the affair.

4. The money came from and went to a swiss account.

thanks a lot again
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