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Old 24.06.2017, 19:49
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Wrong notice period

Hi folks,

I work for a Swiss company, I had a notice period of 1 month, but misinterpreted that information on the contract, and when I resigned, in my resignation letter I stated that "I was resigning the contract X, that had the 3 month notice period, leaving on Y day".

I only noticed that now (I cannot stop calling myself names about it ), that 2 months have passed. Can I therefore leave immediately? Shouldn't this types of mistakes be checked by the HW of the company? What can I do legally?
Any suggestions for contacting a labour office that could help clarify here?

Best regards,
Pedro
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Old 24.06.2017, 19:59
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Re: Wrong notice period

You gave 3 months' notice. You messed up (assuming you actually wanted to leave after a month).

If there's less than a month left, then that's when you're leaving. If there's more than a month left, then give one month's notice on Monday and leave a month later, bearing in mind some contracts say the notice period is the end of the month after you give notice. In that case, if you resign on Monday your last day will be 31st July.
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Old 24.06.2017, 20:04
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Re: Wrong notice period

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Hi folks,

I work for a Swiss company, I had a notice period of 1 month, but misinterpreted that information on the contract, and when I resigned, in my resignation letter I stated that "I was resigning the contract X, that had the 3 month notice period, leaving on Y day".

I only noticed that now (I cannot stop calling myself names about it ), that 2 months have passed. Can I therefore leave immediately? Shouldn't this types of mistakes be checked by the HW of the company? What can I do legally?
Any suggestions for contacting a labour office that could help clarify here?

Best regards,
Pedro
Talk to your HR. They may say "sure, no problem", they may also say "We have a letter from you stating that you will work up to day Y". As long as they're paying you, you'll probably need some goodwill from them if you want to leave before you said you did.

If you've got another position lined up which doesn't start until after Y, then you'd presumably prefer to work (and get paid) without a gap.
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Old 24.06.2017, 20:08
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Re: Wrong notice period

As I understand it, notice periods are considered a minimum.
Therefore, there's nothing wrong with stating that you'll be leaving on a date further into the future, as long as you have fulfilled at least the contractual notice period.
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Old 24.06.2017, 20:10
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Re: Wrong notice period

I doubt they'd accept another resignation as he's already given them notice.

What's the rush anyway? You're still in work and getting paid. Do the outstanding time and then move on.
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Old 24.06.2017, 20:32
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Re: Wrong notice period

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I doubt they'd accept another resignation as he's already given them notice.
If he's allowed to give notice less than that currently outstanding from his mistake one, then of course he can.

JW's advice is good as well - speak with HR as they may decide anyone not capable of understanding a fundamental clause in their employment contract is a liability
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Old 24.06.2017, 20:34
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Re: Wrong notice period

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If he's allowed to give notice less than that currently outstanding from his mistake one, then of course he can.

JW's advice is good as well - speak with HR as they may decide anyone not capable of understanding a fundamental clause in their employment contract is a liability
Now that you mention it... it's probably not a good idea to call the new employer and say "Good news, I misread my contract, so I can start a month earlier."
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Old 24.06.2017, 20:45
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Re: Wrong notice period

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Hi folks,

I work for a Swiss company, I had a notice period of 1 month, but misinterpreted that information on the contract, and when I resigned, in my resignation letter I stated that "I was resigning the contract X, that had the 3 month notice period, leaving on Y day".

I only noticed that now (I cannot stop calling myself names about it ), that 2 months have passed. Can I therefore leave immediately? Shouldn't this types of mistakes be checked by the HW of the company? What can I do legally?
Any suggestions for contacting a labour office that could help clarify here?

Best regards,
Pedro
Given that your notice period was only a month I doubt that anyone will be concerned, following your resignation, what you do.

You are aware that unemployment insurance claims are severely restricted when you resign?
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Old 24.06.2017, 20:51
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Re: Wrong notice period

Thanks for the points. The contract was actually in german, still I should have read it carefully.

Nonetheless I already have another company waiting so... Thanks!
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