Go Back   English Forum Switzerland > Help & tips > Employment  
Reply
 
Thread Tools Display Modes
  #1  
Old 04.01.2019, 15:54
Senior Member
 
Join Date: May 2010
Location: Basel
Posts: 440
Groaned at 35 Times in 22 Posts
Thanked 296 Times in 142 Posts
Swisstobe has become a little unpopularSwisstobe has become a little unpopular
Company acquired during my probationary period - what are my rights?

Hello,

Recently I have started a new job, it is a permanent position and I have two months left in my probation period. My company has just been sold to another company, lay offs are foreseen...nobody knows anything yet. Unfortunately for me, I simply don't see the point of my position anymore and can estimate I'll be on the cutting line.

My question is: Can I be terminated under the probationary period clause for this reason? I don't have any specifics in my contract regarding this.

I just wanted to see if anyone has any experience with this kind of situation or may know the Swiss regulations surrounding it. This is all very new and preliminary, but I would like to be as informed as possible going into next week where I'm sure many discussions will take place.

Thanks very much!
Reply With Quote
  #2  
Old 04.01.2019, 15:59
fatmanfilms's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Verbier
Posts: 17,088
Groaned at 298 Times in 246 Posts
Thanked 14,556 Times in 8,125 Posts
fatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond repute
Re: Company acquired during my probationary period - what are my rights?

Quote:
View Post
Hello,

Recently I have started a new job, it is a permanent position and I have two months left in my probation period. My company has just been sold to another company, lay offs are foreseen...nobody knows anything yet. Unfortunately for me, I simply don't see the point of my position anymore and can estimate I'll be on the cutting line.

My question is: Can I be terminated under the probationary period clause for this reason? I don't have any specifics in my contract regarding this.

I just wanted to see if anyone has any experience with this kind of situation or may know the Swiss regulations surrounding it. This is all very new and preliminary, but I would like to be as informed as possible going into next week where I'm sure many discussions will take place.

Thanks very much!
Your rights are clearly stated in your contract under notice period, legal minimum is 1 week you could have more whilst on probation if it was agreed in the contract.
Reply With Quote
The following 7 users would like to thank fatmanfilms for this useful post:
  #3  
Old 04.01.2019, 15:59
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 25,147
Groaned at 1,474 Times in 1,137 Posts
Thanked 28,996 Times in 13,869 Posts
st2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond repute
Re: Company acquired during my probationary period - what are my rights?

They don't need a reason to terminate your employment.

Tom
Reply With Quote
The following 7 users would like to thank st2lemans for this useful post:
  #4  
Old 04.01.2019, 16:00
Forum Legend
 
Join Date: Mar 2016
Location: Leimbach, Zürich
Posts: 4,324
Groaned at 230 Times in 187 Posts
Thanked 4,508 Times in 2,304 Posts
EdwinNL has a reputation beyond reputeEdwinNL has a reputation beyond reputeEdwinNL has a reputation beyond reputeEdwinNL has a reputation beyond reputeEdwinNL has a reputation beyond repute
Re: Company acquired during my probationary period - what are my rights?

During probation you can be fired for whatever they please as long as the reason is not illegal (like skin color, race etc..), and they only have to give a reason if you ask them for it.

Sucks tho.
Reply With Quote
This user would like to thank EdwinNL for this useful post:
  #5  
Old 04.01.2019, 16:03
Senior Member
 
Join Date: May 2010
Location: Basel
Posts: 440
Groaned at 35 Times in 22 Posts
Thanked 296 Times in 142 Posts
Swisstobe has become a little unpopularSwisstobe has become a little unpopular
Re: Company acquired during my probationary period - what are my rights?

Quote:
View Post

Sucks tho.
Yep - happy New Year indeed
Reply With Quote
  #6  
Old 04.01.2019, 16:08
Sandgrounder's Avatar
Forum Legend
 
Join Date: Jul 2007
Location: ZH
Posts: 12,451
Groaned at 112 Times in 105 Posts
Thanked 21,934 Times in 8,460 Posts
Sandgrounder has a reputation beyond reputeSandgrounder has a reputation beyond reputeSandgrounder has a reputation beyond reputeSandgrounder has a reputation beyond reputeSandgrounder has a reputation beyond reputeSandgrounder has a reputation beyond repute
Re: Company acquired during my probationary period - what are my rights?

Quote:
View Post
Hello,

Recently I have started a new job, it is a permanent position and I have two months left in my probation period. My company has just been sold to another company, lay offs are foreseen...nobody knows anything yet. Unfortunately for me, I simply don't see the point of my position anymore and can estimate I'll be on the cutting line.

My question is: Can I be terminated under the probationary period clause for this reason? I don't have any specifics in my contract regarding this.

I just wanted to see if anyone has any experience with this kind of situation or may know the Swiss regulations surrounding it. This is all very new and preliminary, but I would like to be as informed as possible going into next week where I'm sure many discussions will take place.

Thanks very much!
Happened to me, although I wasn't in my probationary period. The company that took us over already had a department for doing what I did so I was surplus to requirements.

If it's a big company, is there any way you can scout out any possible roles you could move into? Sometimes there are gaps created, and/or new requirements when there is major upheaval in companies.
Reply With Quote
The following 2 users would like to thank Sandgrounder for this useful post:
  #7  
Old 04.01.2019, 16:11
Senior Member
 
Join Date: May 2010
Location: Basel
Posts: 440
Groaned at 35 Times in 22 Posts
Thanked 296 Times in 142 Posts
Swisstobe has become a little unpopularSwisstobe has become a little unpopular
Re: Company acquired during my probationary period - what are my rights?

Quote:
View Post

If it's a big company, is there any way you can scout out any possible roles you could move into? Sometimes there are gaps created, and/or new requirements when there is major upheaval in companies.
That's the plan, but I'm not sure I'll have the time to do that. Even started applying this morning for jobs outside the company. I'm in the process of moving and with all of the expenses...want to secure work asap.
Reply With Quote
  #8  
Old 04.01.2019, 16:15
Village Idiot's Avatar
Forum Legend
 
Join Date: Jul 2009
Location: Basel
Posts: 3,555
Groaned at 38 Times in 35 Posts
Thanked 6,676 Times in 2,150 Posts
Village Idiot has a reputation beyond reputeVillage Idiot has a reputation beyond reputeVillage Idiot has a reputation beyond reputeVillage Idiot has a reputation beyond reputeVillage Idiot has a reputation beyond reputeVillage Idiot has a reputation beyond repute
Re: Company acquired during my probationary period - what are my rights?

Quote:
View Post
That's the plan, but I'm not sure I'll have the time to do that. Even started applying this morning for jobs outside the company. I'm in the process of moving and with all of the expenses...want to secure work asap.

I'd be surprised for layoffs to happen so fast. Normally it takes several months after an acquisition for the integration to take place, and until that happens it's "business as usual." While it doesn't hurt to look at the outside market, depending on how big the companies involved are, you might choose to stick around to see if you get offered a favorable severance package. Apart from the actual severance amount (which is typically calculated on years-of-service) you might find that you get all of the other lay-off conditions of other, longer-serving employees.
Reply With Quote
This user would like to thank Village Idiot for this useful post:
  #9  
Old 04.01.2019, 16:24
roegner's Avatar
Forum Legend
 
Join Date: May 2011
Location: Zurich
Posts: 7,789
Groaned at 280 Times in 229 Posts
Thanked 8,315 Times in 4,192 Posts
roegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond repute
Re: Company acquired during my probationary period - what are my rights?

Quote:
View Post
I'd be surprised for layoffs to happen so fast. Normally it takes several months after an acquisition for the integration to take place, and until that happens it's "business as usual." While it doesn't hurt to look at the outside market, depending on how big the companies involved are, you might choose to stick around to see if you get offered a favorable severance package. Apart from the actual severance amount (which is typically calculated on years-of-service) you might find that you get all of the other lay-off conditions of other, longer-serving employees.
Have seen it happening though and after my current company took over another one, the functions they wanted to get rid off were fired pretty soon.

Are you sure there will be a severance package? AFAIK that is not regulated unless there are mass redundancies?
Reply With Quote
The following 3 users would like to thank roegner for this useful post:
  #10  
Old 04.01.2019, 16:27
Village Idiot's Avatar
Forum Legend
 
Join Date: Jul 2009
Location: Basel
Posts: 3,555
Groaned at 38 Times in 35 Posts
Thanked 6,676 Times in 2,150 Posts
Village Idiot has a reputation beyond reputeVillage Idiot has a reputation beyond reputeVillage Idiot has a reputation beyond reputeVillage Idiot has a reputation beyond reputeVillage Idiot has a reputation beyond reputeVillage Idiot has a reputation beyond repute
Re: Company acquired during my probationary period - what are my rights?

Quote:
View Post
Are you sure there will be a severance package? AFAIK that is not regulated unless there are mass redundancies?

That's why I was asking about how big the companies were. If we are talking about two large companies, there's every likelihood that there could be enough redundancies as part of the restructuring / integration activity that it would fall into regulated territory. I think the tipping point is 30.
Reply With Quote
This user would like to thank Village Idiot for this useful post:
  #11  
Old 04.01.2019, 16:31
Sandgrounder's Avatar
Forum Legend
 
Join Date: Jul 2007
Location: ZH
Posts: 12,451
Groaned at 112 Times in 105 Posts
Thanked 21,934 Times in 8,460 Posts
Sandgrounder has a reputation beyond reputeSandgrounder has a reputation beyond reputeSandgrounder has a reputation beyond reputeSandgrounder has a reputation beyond reputeSandgrounder has a reputation beyond reputeSandgrounder has a reputation beyond repute
Re: Company acquired during my probationary period - what are my rights?

Quote:
View Post
That's the plan, but I'm not sure I'll have the time to do that. Even started applying this morning for jobs outside the company. I'm in the process of moving and with all of the expenses...want to secure work asap.
Bummer of a start to the new year. Good luck!
Reply With Quote
This user would like to thank Sandgrounder for this useful post:
  #12  
Old 04.01.2019, 16:54
Belgianmum's Avatar
Forum Legend
 
Join Date: Jan 2010
Location: Neuchâtel
Posts: 9,967
Groaned at 98 Times in 91 Posts
Thanked 14,010 Times in 6,206 Posts
Belgianmum has a reputation beyond reputeBelgianmum has a reputation beyond reputeBelgianmum has a reputation beyond reputeBelgianmum has a reputation beyond reputeBelgianmum has a reputation beyond reputeBelgianmum has a reputation beyond repute
Re: Company acquired during my probationary period - what are my rights?

Quote:
View Post
I'd be surprised for layoffs to happen so fast. Normally it takes several months after an acquisition for the integration to take place, and until that happens it's "business as usual." While it doesn't hurt to look at the outside market, depending on how big the companies involved are, you might choose to stick around to see if you get offered a favorable severance package. Apart from the actual severance amount (which is typically calculated on years-of-service) you might find that you get all of the other lay-off conditions of other, longer-serving employees.
I doubt there’ll be much of a severance package for somebody who is still in their probationary period.

It’s a crap start to the new year indeed, I thought of the OP when I saw the news of the take over yesterday.

I wouldn’t panic just yet, although looking for alternatives is always a good idea. I have a friend working in HR there and she says nothing will change in the immediate future, they will be looking at all the options carefully.
Reply With Quote
The following 4 users would like to thank Belgianmum for this useful post:
  #13  
Old 04.01.2019, 17:45
Senior Member
 
Join Date: May 2010
Location: Basel
Posts: 440
Groaned at 35 Times in 22 Posts
Thanked 296 Times in 142 Posts
Swisstobe has become a little unpopularSwisstobe has become a little unpopular
Re: Company acquired during my probationary period - what are my rights?

Thanks all for your kind and helpful responses.

While I normally am positive at the initial stage of a difficult situation, I really don't see how they will keep me on. I was hired into a newly created position solely to help the division achieve their 2019 and onward objectives. My team is fairly new as well...I am the newest and easiest to get rid of.

I have a fantastic boss who I'm sure will do his best to take care of me or keep me on if he possibly can, but these things are often out of a bosses' control.

We will see what happens, there is a glimmer of hope and I'll never go down without a fight. Can only hold on, keep trying and hope for the best...
Reply With Quote
This user would like to thank Swisstobe for this useful post:
  #14  
Old 05.01.2019, 19:10
Member
 
Join Date: Nov 2015
Location: Winterthur
Posts: 208
Groaned at 6 Times in 5 Posts
Thanked 150 Times in 74 Posts
Silvestre has earned the respect of manySilvestre has earned the respect of manySilvestre has earned the respect of many
Re: Company acquired during my probationary period - what are my rights?

OP - sorry to hear this. I have been in exactly the same situation so I know how stressful this can be. Things turned out ok in the end and when I look back I kind of feel silly to have worried so much but I was definitely sh!tting bricks at the time.

If this relates to the first mega deal of the year then I would agree with this

Quote:
View Post
I'd be surprised for layoffs to happen so fast. Normally it takes several months after an acquisition for the integration to take place, and until that happens it's "business as usual."
particularly as the acquisition still needs to be approved by both sets of shareholders and regulatory approvals (both of which should be a formality)

Quote:
The transaction is subject to approval by [ACQUIRING Co] and [ACQUIRED Co] shareholders and the satisfaction of customary closing conditions and regulatory approvals. [ACQUIRING Co] and [ACQUIRED Co] expect to complete the transaction in the third quarter of 2019.
Also, one other thing to bear in mind is that the Swiss location where you are based is the International HQ and this might be quite attractive to the ACQUIRING Co as I don't believe they have something similar...

Good luck to you and hope it all pans out ok...
Reply With Quote
The following 2 users would like to thank Silvestre for this useful post:
  #15  
Old 05.01.2019, 19:27
Village Idiot's Avatar
Forum Legend
 
Join Date: Jul 2009
Location: Basel
Posts: 3,555
Groaned at 38 Times in 35 Posts
Thanked 6,676 Times in 2,150 Posts
Village Idiot has a reputation beyond reputeVillage Idiot has a reputation beyond reputeVillage Idiot has a reputation beyond reputeVillage Idiot has a reputation beyond reputeVillage Idiot has a reputation beyond reputeVillage Idiot has a reputation beyond repute
Re: Company acquired during my probationary period - what are my rights?

Quote:
View Post
While I normally am positive at the initial stage of a difficult situation, I really don't see how they will keep me on. I was hired into a newly created position solely to help the division achieve their 2019 and onward objectives. My team is fairly new as well...I am the newest and easiest to get rid of.

I guess my point is -- even if you think you are going, you should stick around through the probationary period if possible, because the likelihood is that once you're through your probationary period, you will be treated just like any other displaced employee. While this may not include a huge severance payment (since you've been there less than a year), there is a good chance that it could include a period of paid gardening leave, outplacement support, etc.
Reply With Quote
This user would like to thank Village Idiot for this useful post:
  #16  
Old 05.01.2019, 20:13
Forum Legend
 
Join Date: Sep 2010
Location: Neuchatel
Posts: 22,370
Groaned at 544 Times in 416 Posts
Thanked 25,116 Times in 11,501 Posts
Odile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond repute
Re: Company acquired during my probationary period - what are my rights?

So sorry you have to go through all this uncertainty.

The whole region is on tenderhooks.
Reply With Quote
This user would like to thank Odile for this useful post:
  #17  
Old 06.01.2019, 14:34
Senior Member
 
Join Date: May 2010
Location: Basel
Posts: 440
Groaned at 35 Times in 22 Posts
Thanked 296 Times in 142 Posts
Swisstobe has become a little unpopularSwisstobe has become a little unpopular
Re: Company acquired during my probationary period - what are my rights?

Quote:
View Post
I guess my point is -- even if you think you are going, you should stick around through the probationary period if possible, because the likelihood is that once you're through your probationary period, you will be treated just like any other displaced employee. While this may not include a huge severance payment (since you've been there less than a year), there is a good chance that it could include a period of paid gardening leave, outplacement support, etc.
Yep indeed - just chatted with my husband about this.

Odile- definitely been thinking about the whole region, depends a lot on this company and it is such a beautiful location and place to work.

Thanks all for your advice and kind wishes. Nice to have you!
Reply With Quote
This user would like to thank Swisstobe for this useful post:
  #18  
Old 06.01.2019, 14:57
Forum Legend
 
Join Date: Sep 2010
Location: Neuchatel
Posts: 22,370
Groaned at 544 Times in 416 Posts
Thanked 25,116 Times in 11,501 Posts
Odile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond repute
Re: Company acquired during my probationary period - what are my rights?

Should arrange to meet up soon.
Reply With Quote
This user would like to thank Odile for this useful post:
  #19  
Old 06.01.2019, 15:16
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 25,147
Groaned at 1,474 Times in 1,137 Posts
Thanked 28,996 Times in 13,869 Posts
st2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond repute
Re: Company acquired during my probationary period - what are my rights?

Quote:
View Post
The whole region is on tenderhooks tenterhooks.
FTFY!

Tom
Reply With Quote
The following 2 users would like to thank st2lemans for this useful post:
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Recalled Vehicle. What are my rights? Lukich Transportation/driving 0 05.02.2018 22:37
Employeer to change my role and move my contract to another company - my rights? DonalNoye Employment 13 21.05.2017 21:33
Leaving a WG, what are my rights? robbiesides Housing in general 12 13.08.2015 00:03
Notice period during probationary period AM1978 Employment 4 22.01.2013 22:42
Landlord problems - what are my rights? London_girl Housing in general 2 13.11.2008 17:35


All times are GMT +2. The time now is 04:26.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0