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Old 04.01.2019, 14:54
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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!
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Old 04.01.2019, 14:59
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Re: Company acquired during my probationary period - what are my rights?

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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.
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Old 04.01.2019, 14:59
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Re: Company acquired during my probationary period - what are my rights?

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

Tom
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Old 04.01.2019, 15:00
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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.
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Old 04.01.2019, 15:03
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Re: Company acquired during my probationary period - what are my rights?

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Sucks tho.
Yep - happy New Year indeed
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Old 04.01.2019, 15:08
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Re: Company acquired during my probationary period - what are my rights?

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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.
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Old 04.01.2019, 15:11
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Re: Company acquired during my probationary period - what are my rights?

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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.
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Old 04.01.2019, 15:15
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Re: Company acquired during my probationary period - what are my rights?

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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.
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Old 04.01.2019, 15:24
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Re: Company acquired during my probationary period - what are my rights?

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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?
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Old 04.01.2019, 15:27
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Re: Company acquired during my probationary period - what are my rights?

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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.
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Old 04.01.2019, 15:31
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Re: Company acquired during my probationary period - what are my rights?

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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!
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Old 04.01.2019, 15:54
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Re: Company acquired during my probationary period - what are my rights?

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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.
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Old 04.01.2019, 16:45
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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...
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Old 05.01.2019, 18:10
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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

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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)

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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...
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Old 05.01.2019, 18:27
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Re: Company acquired during my probationary period - what are my rights?

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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.
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Old 05.01.2019, 19:13
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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.
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Old 06.01.2019, 13:34
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Re: Company acquired during my probationary period - what are my rights?

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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!
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Old 06.01.2019, 13:57
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Re: Company acquired during my probationary period - what are my rights?

Should arrange to meet up soon.
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Old 06.01.2019, 14:16
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Re: Company acquired during my probationary period - what are my rights?

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The whole region is on tenderhooks tenterhooks.
FTFY!

Tom
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