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Old 21.09.2018, 15:19
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Breaching the contract

Dear all,


I am writing to ask what happens when an employee breachs the contract in terms of resignation notice period. I currently work as a waitress in a small restaurant and this is not something I would like to do for the rest of my life. Two days ago I was offered a job that would be closely related to the field of my studies and I would like to take it, but my trial period has just ended and now instead of a week of notice, I have 2 months. I am trying to work it out with an employer, but what happens if he won't let me go? I wouldn't want to give up such opportunity!!!


Thanks!
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Old 21.09.2018, 15:25
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Re: Breaching the contract

The only thing you can do is try to negotiate an early departure with your employer.

If you think of it the other way around you would probably be pissed off if your boss fired you then didn't stick to the contract and made you leave (unpaid) before the 2 month notice, right?

Most jobs understand that future employees have to work out a notice period and that's built into the recruitment process so your next employer should understand the situation.
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Old 21.09.2018, 15:30
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Re: Breaching the contract

Not fully aware of the law here, but common sense would be that he could go after you for damage proven to have come from you not respecting the contract.

Just talk to your employer, it is always the bad stories that make it to the internet but there are a lot of good stories out there.
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Old 21.09.2018, 15:32
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I have already found a good replacement for me, but it still seems like there is no good will from the other side...

And I had only I think 2 hours of training on the first day and that's about it.

Last edited by 3Wishes; 21.09.2018 at 18:01. Reason: merging consecutive replies
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Old 21.09.2018, 15:36
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Re: Breaching the contract

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I have already found a good replacement for me, but it still seems like there is no good will from the other side...
The employment contract is not like an apartment contract - you can't get out of a job early because you find a replacement. I guess the boss wants time to choose and evaluate for himself.

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And I had only I think 2 hours of training on the first day and that's about it.
To be fair that's not really relevant to you wanting to break your contract early, so I wouldn't really recommend using it as part of your negotiation.

What does your future boss say? Is he not willing to wait for you to complete your standard notice period?
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Old 21.09.2018, 17:56
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Re: Breaching the contract

Usually the notice period is one month for the remainder of the 1st year. Does your contract say something different? Or does it fall under some kind of regulation or umbrella contract (Normalarbeitsvertrag) that says two months?
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Old 21.09.2018, 19:06
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Re: Breaching the contract

Yes, unfortunately in my contract it says that it's 2 months of notice.
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Old 21.09.2018, 19:10
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Re: Breaching the contract

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Yes, unfortunately in my contract it says that it's 2 months of notice.
Well, then for the sake of good references, I'd suggest you stick to that if your employer is not happy about the idea of you scooting-off early...
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Old 22.09.2018, 16:48
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Re: Breaching the contract

If you have not already officially handed in your resignation, your 2 months wait for the new job will soon become 3 months.
I think the onus (as already mentioned) is with your new employer accepting your constraint.
Perhaps you could take all holidays and work a few days for them during this period?

Last edited by jbrady; 22.09.2018 at 17:09.
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Old 22.09.2018, 17:26
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Re: Breaching the contract

I know someone who just left despite having a 3 months notice period. It's not good for your reputation but I can't imagine that the employer can claim any damage as he can simply hire a new waiter.

Do I advise to do it: no. it's not a nice thing to do.
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Old 22.09.2018, 17:39
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Re: Breaching the contract

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Well, then for the sake of good references, I'd suggest you stick to that if your employer is not happy about the idea of you scooting-off early...



...she is working in a restaurant and it seems this is not her chosen profession so i somehow think a reference is not so important
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Old 22.09.2018, 18:31
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Re: Breaching the contract

Speak to your employer again and try to find a compromise. No sensible employer would want a member of staff serving customers who doesn't want to be there.

I took on a girl part time at my bar, after 3 weeks she told me she wasn't enjoying it and it wasn't for her, she offered to work her 1 month notice but I told her she could leave straight away if she wanted (which she did). It can take 3 months to get a new staff member fully up to speed and it just wouldn't be worth my time training her.

Your boss knows this and I guess he's just being a bit difficult, but speak to him nicely and he might realise it's in both your interests to let you go early.
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Old 22.09.2018, 19:37
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Re: Breaching the contract

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If you have not already officially handed in your resignation, your 2 months wait for the new job will soon become 3 months.
I think the onus (as already mentioned) is with your new employer accepting your constraint.
Perhaps you could take all holidays and work a few days for them during this period?

I need to check that, thanks!



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I know someone who just left despite having a 3 months notice period. It's not good for your reputation but I can't imagine that the employer can claim any damage as he can simply hire a new waiter.

Do I advise to do it: no. it's not a nice thing to do.

Of course it's not a nice thing to do and I honestly don't want to do it, that's why from my side I am trying all my best to not leave him alone in this situation. I'm checking out if there can be any legal repercussions.


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...she is working in a restaurant and it seems this is not her chosen profession so i somehow think a reference is not so important

True.


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Speak to your employer again and try to find a compromise. No sensible employer would want a member of staff serving customers who doesn't want to be there.

I took on a girl part time at my bar, after 3 weeks she told me she wasn't enjoying it and it wasn't for her, she offered to work her 1 month notice but I told her she could leave straight away if she wanted (which she did). It can take 3 months to get a new staff member fully up to speed and it just wouldn't be worth my time training her.

Your boss knows this and I guess he's just being a bit difficult, but speak to him nicely and he might realise it's in both your interests to let you go early.

I'm trying all my best. Maybe I'm a bit pushy now, but there's no other way to do it.
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Old 23.09.2018, 00:49
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Re: Breaching the contract

I am not being nosy, but roughly, what is your "field of studies"?
Do you have a written contract for this "job offer" or is it just verbal?
If the only real issue is how to leave (and not just being jobless), you could always develop a rapid case of Tourette syndrome and I am sure your boss would be happy to let you leave and maybe even pay you the 2 months salary 😀
Just joking.
But some types of jobs can wait a few weeks before they need you - others want you ASAP. Hence the question.
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Old 23.09.2018, 16:28
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Re: Breaching the contract

Try to negotiate and reduce the notice period, say to 2 months. If you really want the new job and had an offer, give notice before the month is over. I am pretty sure the employer will not want to have a grumpy waitress and cave in.
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Old 24.09.2018, 04:09
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Re: Breaching the contract

No one wants to encourage people to leave their employer in the lurch but this sounds like an opportunity that's too good to pass up. Considering you're a waitress (and presumably not a highly specialised one), and have an opportunity to get a job suited to your qualifications, I think you have to go.

Don't just walk out without warning. I'm sure you've explained the position to the owner, and s/he would need a heart of stone to not try to help you out by reaching a compromise. If they try to insist you stay 2 months, tell them that you really have to leave after 1 month max which gives them enough time to find a replacement or to train up the one you've found.

Good luck.
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Old 24.09.2018, 09:12
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Re: Breaching the contract

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Dear all,


I am writing to ask what happens when an employee breachs the contract in terms of resignation notice period. I currently work as a waitress in a small restaurant and this is not something I would like to do for the rest of my life. Two days ago I was offered a job that would be closely related to the field of my studies and I would like to take it, but my trial period has just ended and now instead of a week of notice, I have 2 months. I am trying to work it out with an employer, but what happens if he won't let me go? I wouldn't want to give up such opportunity!!!


Thanks!


If you are worried now about 2 months leave notice period, then what will you do if when those leave periods get longer as you grow in career?


Many Swiss contracts can have a leave period 3 months! I have had a 6 month leave notice period(!) and now have a 4 month notice period. Had a 4 month before.


In my experience, when I have had other offers and want to leave, no employer held me to my leave notice period. I have been able to get out with about a 1 month to 1.5 month time. Its more that enough to do a hand over and close out. Plus any unused vacation can be applied to you make your leave period earlier.


All employers are aware of notice periods and at the certain level in career tenure, 2 months is NOTHING. That shouldn't be a no go for a decision to hire you in you next job later.


So don't make a big deal out of it. Maybe when you get the 6 months leave notice period in your career you can complain...or not...like me, see it as a protection for yourself. Accepting that you can probably get out earlier, if you get canned after well after you probation at lest you have some income.


Good luck.
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Old 24.09.2018, 13:40
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Re: Breaching the contract

I'm worried now about the 2 months notice period because it's in a job without future. For majority of people, it's a temporary job until you finish studies and then you move on. I don't mind having such notice period in a job for which I'm qualified, because I'm well aware it's also for my protection. The thing is passing on such opportunity is ridicilous!
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Old 24.09.2018, 13:49
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Re: Breaching the contract

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I'm worried now about the 2 months notice period because it's in a job without future. For majority of people, it's a temporary job until you finish studies and then you move on. I don't mind having such notice period in a job for which I'm qualified, because I'm well aware it's also for my protection. The thing is passing on such opportunity is ridicilous!

Go talk to the guy, explain the situation, i am fairly sure you can find a mutually agreeable solution.


It is in nobodys' interest to force you against your will to work, certainly not the owner as you are in a strong position as the interface beweeen the client and his business.
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Old 24.09.2018, 13:55
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Re: Breaching the contract

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I'm worried now about the 2 months notice period because it's in a job without future. For majority of people, it's a temporary job until you finish studies and then you move on. I don't mind having such notice period in a job for which I'm qualified, because I'm well aware it's also for my protection. The thing is passing on such opportunity is ridicilous!
You haven't mentioned anything about your future employer. Is he not happy to wait while you work your notice period? I ask because, firstly, if he finds it a deal breaker for your future employment with them, you have to ask yourself what kind of employer you are getting in with who can't respect standard employment conditions.

Secondly, if he can't wait the standard notice period for new employees, he's going to find himself very disappointed almost every time he wants to recruit someone.
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