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  #21  
Old 27.11.2017, 14:37
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Re: Notice period question

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he could deny automatic renewal at the same moment you announce resignation and you still would be missing out on working during March.
Actually that would suit me fine. I won't discuss this with my employer as it is a "bodyleasing" agency and I have no confidence in them.
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  #22  
Old 27.11.2017, 14:43
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Re: Notice period question

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Actually that would suit me fine. I won't discuss this with my employer as it is a "bodyleasing" agency and I have no confidence in them.
I'm assuming there's a (business-relevant) reason the contract lasts from March-February. Chances are they won't ask you back to work during March and you'll be put on paid/garden leave.

That's partly why fixed-term contracts often/normally don't have a notice period - they just expire, no need to terminate, but also no right to that extra month (or however long) of pay.
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  #23  
Old 27.11.2017, 14:44
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Re: Notice period question

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Thanks, I get that but here I am trying to interpret the contract.
I interpret it a such:
If you want to have your last day of work on or before February 28 2008 (before extended contract starts) you have to give one month notice.
If you want to have your last day after February 28 2008 you have to give two month notice.

So it depends if your last day of work is in the old or new contract period.

A resignation is normally to the end of a month.

To resign to February 28 2008 the employer must have your resignation letter on or before January 31.
To resign to March 31 2008 the employer must have your resignation letter on or before January 31.
To resign to April 30 2008 the employer must have your resignation letter on or before February 28.
As resignation letter received in February would thus mean last day of work is end of April.
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  #24  
Old 27.11.2017, 14:47
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Re: Notice period question

Samaire13 is right, confirmed by the government. The relevant date is the date the notice is received by the counterparty, not when the contract ends.

See here (no English version).
"Wird eine Kündigung noch im ersten Dienstjahr zugestellt, gilt die Kündigungsfrist von einem Monat, auch wenn die Kündigungsfrist erst im zweiten Dienstjahr abläuft. Massgebend ist der Zeitpunkt der Kündigung und nicht der Ablauf der Kündigungsfrist. Das gleiche gilt auch beim Übergang vom 9. ins 10. Dienstjahr."
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  #25  
Old 27.11.2017, 14:48
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Re: Notice period question

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I interpret it a such:
If you want to have your last day of work on or before February 28 2008 (before extended contract starts) you have to give one month notice.
If you want to have your last day after February 28 2008 you have to give two month notice.

So it depends if your last day of work is in the old or new contract period.

A resignation is normally to the end of a month.

To resign to February 28 2008 the employer must have your resignation letter on or before January 31.
To resign to March 31 2008 the employer must have your resignation letter on or before January 31.
To resign to April 30 2008 the employer must have your resignation letter on or before February 28.
As resignation letter received in February would thus mean last day of work is end of April.
Thanks for your input. It seems we have a divergence of opinions here.
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  #26  
Old 27.11.2017, 14:52
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Re: Notice period question

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Thanks for your input. It seems we have a divergence of opinions here.
An admin.ch link always trumps and overrules anything else said. In this regard Urs wins the game.

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See here (no English version).
"Wird eine Kündigung noch im ersten Dienstjahr zugestellt, gilt die Kündigungsfrist von einem Monat, auch wenn die Kündigungsfrist erst im zweiten Dienstjahr abläuft. Massgebend ist der Zeitpunkt der Kündigung und nicht der Ablauf der Kündigungsfrist. Das gleiche gilt auch beim Übergang vom 9. ins 10. Dienstjahr."
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