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Old 04.07.2019, 11:41
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Company cannot pay my salary

Hi everyone,

I started to work in February for a company of Lugano (with a G permit, living in Italy), but I found after joining, a company facing a lot of financial issues.
So far I was paid just with few days late (once 1 week though), but as I see payments are happening less and less to our suppliers and external consultants, I fear I soon may be the next in line.

My question is what can/should I do?
I know unemployment is only after you have worked for 1 full year in a company, but is there an exception when the reason is your company not paying your salary anymore?
To my understanding the only thing I can do is at some point to say stop, give a formal notice for immediate resignation to the company and to the authorities about the situation, and then authorities will compensate for the unpaid months (except for untaken holidays) is it?

Is there any other solution which will not lead me to leave my job now and not receive any enemployment help?

Thanks for your help
Francois
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Old 04.07.2019, 15:12
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Re: Company cannot pay my salary

I assume you've already had conversations and asked for payment. If you have not, you should do that first.

If that leads nowhere, here's what you do:
-- You need to send a letter by registered mail, demanding (and yes, I mean demanding) payment of all outstanding salaries within 5 days (and yes, it can be that short a timeframe).
-- If they fail to pay, you are allowed to refuse to continue working immediately (please note that in case your employer fails for bankruptcy - which from the sounds of it is likely - you stopping to work may have a detrimental effect and you may not be compensated retroactively for the time you didn't work).
-- You are then allowed to sue in labor court, but I would avoid that for as long as you can. As said, it sounds like they'll most likely be filing for bankruptcy and then an entirely different process will kick in, i.e. insolvency proceedings. In that case, outstanding salary payments will fall into the debts that they have to repay and they usually are paid up to four months.

In the meantime, contact the local labor court anyway, just in case. Every canton offers initial counselling (free or for a minimal fee). https://www.linker.ch/eigenlink/rechtsauskunft.htm


As for your other question:
I know unemployment is only after you have worked for 1 full year in a company, but is there an exception when the reason is your company not paying your salary anymore?
Probably not officially, but I guess reason and common sense would apply. Also, if you've worked in the EU before (not sure if that's the case), it will count towards that "12 months within the last 24 months" calculation.
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Old 04.07.2019, 15:28
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Re: Company cannot pay my salary

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Is there any other solution which will not lead me to leave my job now and not receive any enemployment help?
You see that the ship is sinking… so dont continue playing like the band on Titanic! Start looking for a new job. Now. Maybe they manage to pay you a few more months, but it does not sound like a place with a bright future. What do you have to lose?
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Old 04.07.2019, 16:15
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Re: Company cannot pay my salary

Before the ship sinks, ask for references from any of your superiors, but also from any colleagues, of your responsibilities and progress. You may find that people are more likely to sign a reference for you if you have actually drafted the outline, and ask them to adjust it as they see fit.

Similarly, collect all the contact details of all your colleagues. The world is small. They may be your competitors in finding a new job, but then one of them might open a door for you, in a new company, for a better job.
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