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23.01.2019, 14:25
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| | Re: How far can a company go in harrasing employees in Switzerland | Quote: | |  | | | Personally, I think that the OP should learn some English, particularly how to spell, especially simple words such as 'harass'. 
It is particulary disturbing from someone who claims to be from the US. 
Tom | | | | | Are you sure you want to have your Italian tested, grammar and spelling? | This user would like to thank greenmount for this useful post: | | 
23.01.2019, 14:26
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| | Re: How far can a company go in harrasing employees in Switzerland | Quote: | |  | | | Personally, I think that the OP should learn some English, particularly how to spell, especially simple words such as 'harass'. 
It is particulary disturbing from someone who claims to be from the US. 
Tom | | | | | You've to give him some slack, his "president" is quite a bit worse at spelling his native language than him | The following 3 users would like to thank YuropFlyer for this useful post: | | 
23.01.2019, 14:52
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| | Re: How far can a company go in harrasing employees in Switzerland | Quote: | |  | | | Ok, this was not the smartest move in my original post as I didn't know the triggering effect. | | | | | That's one of them.
Another is coming on here asking for opinions and being very rude to respected members who have attempted to give you advice. But for me, the biggest one was this... | Quote: | |  | | | Its an international company so in retrospect I think this could actually have turned out to be at least a minor scandal if I would have leaked a recording in another country where they operate. | | | | | There are laws against recording private conversations without the express permission of the people involved.
Many moons ago, I was a union rep in such a case. A colleague took it upon herself to record all the conversations that happened in the ladies toilets in our department. She presented the tapes to the GM as 'evidence' that she was being bullied and asked me to represent her. By that point I'd been asked to represent the rest of the department as they were seeking legal advice.
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23.01.2019, 14:57
| | Re: How far can a company go in harrasing employees in Switzerland | Quote: | |  | | | Ok, this was not the smartest move in my original post as I didn't know the triggering effect. When I had my meeting with the HR lady she asked "Why do you think this is happening to you", I shook my head and said "I don't know" as I didn't want to come across as telling her how to think. In retrospective I regret the answer, judging by the posts here it might have been shit the same. | | | | | Can you elaborate on the bolded bit? I don't get why you would answer a question to which you would only know the answer with "I don't know" then proceed to second-guess that you would be telling her how to think.
Are you saying you think she should have known why it was happening to you?
It just sounds a bit pop-psychology.
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23.01.2019, 15:32
|  | Forum Legend | | Join Date: Nov 2007 Location: Zurich area
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| | Re: How far can a company go in harrasing employees in Switzerland
A German saying: Wer schreibt, der bleibt - Who records, stays.
Denied lunch breaks, denied coffee breaks, denied or canceled vacations... w/o any paper trail or evidence that it actually happened or that you complained to you manager? And you complain to HR | Quote: | |  | | | But advice: read the details of your contract & you should find Reference to the personalgesetz (stafflaw) which is kantonal (province) but based on Federal Law & it clearly states what you get, how many days holidays etc. | | | | | A cantons Personalgesetz only applies to the staff of the canton and own subsidiaries such as hospitals.
For most standard office workers the Federal Arbeitsgesetz set the guidelines and provisions https://www.admin.ch/opc/de/classifi...049/index.html (plus the general provisions given in the Code of Obligations starting at Art. 319 https://www.admin.ch/opc/de/classifi...ndex.html#a319)
Additionally one has to consult their own work contract and company specific guidelines such as Personal- und Zeitreglemente/employee and time keeping regulations.
__________________
What?
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23.01.2019, 15:47
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| | Re: How far can a company go in harrasing employees in Switzerland | Quote: | |  | | | A German saying: Wer schreibt, der bleibt - Who records, stays. | | | | | Precisely!
Keep a diary of events but only ever write it on your own time at home.
Keep a file of detrimental emails from the person concerned. Never print them off and never, ever send them to your personal (out of work) email address.
Never send detrimental emails r.e. a colleague or manager from or to a corporate email address. You can purge them all you like, but they'll always be there.
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23.01.2019, 15:55
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| | Re: How far can a company go in harrasing employees in Switzerland | Quote: | |  | | | Precisely!
Keep a file of detrimental emails from the person concerned. Never print them off and never, ever send them to your personal (out of work) email address. | | | | | so what, take a picture, copy them out by hand??? once you're show the door you'll loose all your evidence.
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23.01.2019, 16:28
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| | Re: How far can a company go in harrasing employees in Switzerland
Should have stipulated, never print them off in an office full of people. As many people have access to their work email on their handy, that's a different matter. Twice I've seen a colleague's email picked up from the printer by someone else.
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23.01.2019, 17:18
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| | Re: How far can a company go in harrasing employers in Switzerland | Quote: | |  | | | Hey sorry for your mission
But advice: read the details of your contract & you should find Reference to the personalgesetz (stafflaw) which is kantonal (province) but based on Federal Law & it clearly states what you get, how many days holidays etc. Google. Personalgesetz for your profession. ie. personalgesetz fuer ingenieure
Also please understand that switzerland was built on work, & when we go to work we leave our private lives at home & work. when you do your basic education or intern/lehre you are taught that 8 hours to work, 8 hours to learn,relax, achieve, 8 hours to sleep. & like it or not it only works properly like that. there is no reason to leave your desk, or to make private calls email. etc.
Having lived & worked in many other counties, where everyone kind of did their work, but spent more time socialising than working, it just doesnt work if you strive to be successfull & thats what u should be doing in switerland. once u learned swiss style you will make it anywhere.
u know do the parrot thing when u with the parrots & play like a canary when with the canaries.
Also if you want to be happy in CH do it in your private time a swiss workplace is not going to do that for you & isnt designed to. 'you have good & fair basic rights but you also have obligations ie. to do as the swiss do.
ps when living abroad I was always so pleased when I called an office or bank or anyone in CH the phone was always answered promptly & everyone knew who was in charge of what & put me through to the proper person, please dont mess that up, be at your desk
xxx | | | | | This was very entertaining. You sound like a lot of fun.
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23.01.2019, 17:24
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| | Re: How far can a company go in harrasing employees in Switzerland | Quote: | |  | | | Are you sure you want to have your Italian tested, grammar and spelling? | | | | | He claims to be from the US, I do not claim to be Italian.
Tom
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23.01.2019, 17:29
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| | Re: How far can a company go in harrasing employees in Switzerland | Quote: | |  | | | Should have stipulated, never print them off in an office full of people. As many people have access to their work email on their handy, that's a different matter. Twice I've seen a colleague's email picked up from the printer by someone else. | | | | | I always do it the other way, in the event that I got emails from my boss telling me to do stupid things (several times) I print them off and don't pick them up. They would stay by the printer until somebody threw them in the bin.
In my experience bad bosses melt when you confront them and push back a little. On one occasion I forwarded the email (from the CEO) to the company lawyer to comment on the contents of it and he rang me to confirm "a mistake had been made and to forget the email". I asked him to send that to me in an email....which he did.
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23.01.2019, 22:42
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| | Re: How far can a company go in harrasing employees in Switzerland | Quote: | |  | | | Personally, I think that the OP should learn some English, particularly how to spell, especially simple words such as 'harass'.  | | | | | And there was me, the very model of an English gentleman, spelling it harrassment. I feel so ashamed. | The following 2 users would like to thank NotAllThere for this useful post: | | 
23.01.2019, 23:11
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| | Re: How far can a company go in harrasing employees in Switzerland | Quote: | |  | | | Personally, I think that the OP should learn some English, particularly how to spell, especially simple words such as 'harass'. 
It is particulary disturbing from someone who claims to be from the US. 
Tom | | | | | Yep, but spelling issues give me the hint to read between the lines. Perhaps the writer has limited vocabulary so don't read the posts literally, alas it makes discussion a little difficult.
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24.01.2019, 04:39
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| | Re: How far can a company go in harrasing employees in Switzerland | Quote: | |  | | | That's one of them.
Another is coming on here asking for opinions and being very rude to respected members who have attempted to give you advice. But for me, the biggest one was this...
There are laws against recording private conversations without the express permission of the people involved. | | | | | Very possible that I have been unnecessary rude. I was not prepared to be attacked and to have the story questioned. Only on the first page it was probably 5 people claiming it was fictitious.
The idea of creating a minor scandal is not really a serious one. It was rather a daydream that struck me last summer when I talked to a former retired Managing Director who said that on several occasions during his career(it might only have been twice, I don't really remember) ,he threatened to go to the press to reveal irregularities at the company if they did not give him a good severance pay, which worked. It made me think about which opportunities I had in my difficult job situation myself.
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24.01.2019, 09:55
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| | Re: How far can a company go in harrasing employees in Switzerland | Quote: | |  | | | He claims to be from the US, I do not claim to be Italian. 
Tom | | | | | Don't play silly. You know what I meant.
You claim to be Swiss from Ticino, over and over again ad nauseam. And technically you are right.
I expect your Italian to be flawless....No, actually I do not. :-) If I had to dismiss OP's opinions or stories I wouldn't pick exactly this "argument" i.e. his English.
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24.01.2019, 10:07
| | Re: How far can a company go in harrasing employees in Switzerland | Quote: | |  | | | The idea of creating a minor scandal is not really a serious one. It was rather a daydream that struck me last summer when I talked to a former retired Managing Director who said that on several occasions during his career(it might only have been twice, I don't really remember) ,he threatened to go to the press to reveal irregularities at the company if they did not give him a good severance pay, which worked. It made me think about which opportunities I had in my difficult job situation myself. | | | | |
You really have a high opinion of yourself, what you are talking about is basically blackmail !
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24.01.2019, 10:46
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| | Re: How far can a company go in harrasing employees in Switzerland
lol lowly ex employee tries to take on huge multi-national with on staff lawyers.
You'd be bankrupt within a week.
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24.01.2019, 10:51
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| | Re: How far can a company go in harrasing employees in Switzerland
One of my colleagues took on our former employer (major Swiss firm) as she had legal insurance so paid nothing. It took a couple of years to get there, but she also won the case.
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24.01.2019, 11:47
| | Re: How far can a company go in harrasing employees in Switzerland | Quote: | |  | | | Very possible that I have been unnecessary rude. I was not prepared to be attacked and to have the story questioned. Only on the first page it was probably 5 people claiming it was fictitious.
The idea of creating a minor scandal is not really a serious one. It was rather a daydream that struck me last summer when I talked to a former retired Managing Director who said that on several occasions during his career(it might only have been twice, I don't really remember) ,he threatened to go to the press to reveal irregularities at the company if they did not give him a good severance pay, which worked. It made me think about which opportunities I had in my difficult job situation myself. | | | | |
SR 311.0 - Edition Optobyte AG
Swiss Penal Code
Second book
Special provisions Fourth title
Crimes and offences against freedom
Art. 180 menace
1 Anyone who frightens or fears someone by making a serious threat shall be punished, on application, by imprisonment for up to three years or a fine.
Art. 181 coercion
Any person who, by force or threat of serious harm or by other restriction of his freedom of action, compels someone to do, refrain from doing or tolerate something shall be punished with imprisonment for up to three years or a fine.
So to threaten to go to the press, or Beobachter or so......will most likely land you in very very hot legal waters......
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24.01.2019, 11:51
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| | Re: How far can a company go in harrasing employees in Switzerland | Quote: | |  | | | to threaten to go to the press, or Beobachter or so......will most likely land you in very very hot legal waters...... | | | | | No need for threatening. You could just approach the press, Beobachter etc. directly. | This user would like to thank Clocker for this useful post: | |
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