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Old 12.06.2019, 17:09
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termination of fixed term contract

Hi all,

I need your help and your knowledge regarding the termination of a fixed term job contracts.
I work at the university of Geneva with a fixed term contract. Recently, I renewed for a second year but I am considering to quit my job. The problem is that I don’t know my rights and I do not have anyone that I can trust at work to help me with that. I don’t know if it is allowed to terminate a fixed term contract and since I have not shared my desire to leave my job with my professor/employer I am afraid to go to the HR and ask questions. I found on a site that generally, you can not terminate a fixed term contract unless you have a condition at your contract that allows you to do it. I tried to find something relevant at my contract but I had no luck.
Also, If I quit my job do I have the right to register at the unemployment office to earn some time to find a new job? I know that they are really strict there.
I am really desperate guys. If any of you knows something that could help me I would be grateful.
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Old 12.06.2019, 17:17
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Re: termination of fixed term contract

What does your contract say?
Possibly not if you AGREED a fixed term.
You will get penalised by the RAV if you just make yourself voluntary unemployed.

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Hi all,

I need your help and your knowledge regarding the termination of a fixed term job contracts.
I work at the university of Geneva with a fixed term contract. Recently, I renewed for a second year but I am considering to quit my job. The problem is that I don’t know my rights and I do not have anyone that I can trust at work to help me with that. I don’t know if it is allowed to terminate a fixed term contract and since I have not shared my desire to leave my job with my professor/employer I am afraid to go to the HR and ask questions. I found on a site that generally, you can not terminate a fixed term contract unless you have a condition at your contract that allows you to do it. I tried to find something relevant at my contract but I had no luck.
Also, If I quit my job do I have the right to register at the unemployment office to earn some time to find a new job? I know that they are really strict there.
I am really desperate guys. If any of you knows something that could help me I would be grateful.
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Old 12.06.2019, 18:34
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Re: termination of fixed term contract

This doesn't always apply, but as a general principle in life, never resign from one job until you have a signed contract for the next one.

Be sure to understand the effect of having no employment contract on your permit status. If your permit is tied to this job, it will expire, and you may not be able to get another permit for a next job in Switzerland. Of course, that will not be a problem if you are an EU citizen.
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Old 13.06.2019, 11:06
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Re: termination of fixed term contract

thank you for your advices. Probably, I should find a way to clear out which are the condition of my contract first.
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Old 14.06.2019, 09:19
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Re: termination of fixed term contract

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you can not terminate a fixed term contract unless you have a condition at your contract that allows you to do it.
This is correct.
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Old 14.06.2019, 22:21
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Re: termination of fixed term contract

Do you work as a PhD student or a postdoc? If I am not mistaken, you have to leave CH as soon as you terminate the contract.

Also, neither are eligible to apply for RAV nor extension for job search. Someone please correct me if I'm wrong.
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Old 15.06.2019, 02:11
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Re: termination of fixed term contract

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thank you for your advices. Probably, I should find a way to clear out which are the condition of my contract first.
You will be save to go to HR, they will not contact your PI. I hope everything goes/is well, academic research environment can be very though. I hope you get this sorted.
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Old 15.06.2019, 09:22
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Re: termination of fixed term contract

Dear OP,

Is it definitely a fixed term agreement, or is it a maximum duration agreement?

People often mix up the two. With a maximum duration agreement, although it has a predetermined end date, you can still give notice during the agreement.

Your employment agreement, in addition to the staff handbook, and any HR intranet or policies should give you all the answers you need, before you have a conversation with your manager, or HR.

From an immigration perspective, holders of a CDL are not normally entitled to claim unemployment benefit. The situation is different for holders of B, C, G or L permits.

For people who are eligible to request unemployment benefits, they can expect to have a penalty that meaningfully delays receipt of their benefit, if they initiated their own departure.

I recommend contacting the office of chomage to check the facts before taking any decision.
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