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-   -   Notice period on fixed contract extension (https://www.englishforum.ch/employment/293162-notice-period-fixed-contract-extension.html)

gsir 23.07.2019 10:53

Notice period on fixed contract extension
 
Dear All,

I started my employment with a company through a 6 month fixed contract, which had as a notice period the following:
- first 3 months: 2 days
- between 3 and 6 months: 1 week
- beyond 6 months: 1 month

At the end of the contract, the same has been extended for other 3 months.

What is my notice period? Itís 1 month since I have been employed with them for more than 6 months or itís only 2 days given that a new contract has started?

Thanks for your reply, very much appreciated!
Gsir

Samaire13 24.07.2019 00:05

Re: Notice period on fixed contract extension
 
1 month imo. Your contract was extended, itís not a new one, so your employment simply continues into > 6 months

gsir 24.07.2019 11:18

Re: Notice period on fixed contract extension
 
Thanks for your reply.
You think it would be still 1 month even if in this Ďextensioní a new starting and ending date is indicated (i.e. 3 months)?

Samaire13 24.07.2019 11:46

Re: Notice period on fixed contract extension
 
Quote:

Originally Posted by gsir (Post 3085424)
Thanks for your reply.
You think it would be still 1 month even if in this ‘extension’ a new starting and ending date is indicated (i.e. 3 months)?

Well no, cause that's not an extension, but a new contract.

If you got a letter/confirmation of sort that says "your temporary employment is being extended until [XYZ]", then what I said before applies.

If you get an entirely new letter/contract/confirmation that says "your temporary employment lasts from [XYZ] to [XYZ]", then whatever notice periods are stated in that thing are what applies (probably same as in your previous one).

If the latter is the case, it'd be grey zone anyway should an issue ever arise.

EdwinNL 24.07.2019 12:23

Re: Notice period on fixed contract extension
 
Quote:

Originally Posted by Samaire13 (Post 3085433)
Well no, cause that's not an extension, but a new contract.

If you got a letter/confirmation of sort that says "your temporary employment is being extended until [XYZ]", then what I said before applies.

If you get an entirely new letter/contract/confirmation that says "your temporary employment lasts from [XYZ] to [XYZ]", then whatever notice periods are stated in that thing are what applies (probably same as in your previous one).

If the latter is the case, it'd be grey zone anyway should an issue ever arise.

It's for the same job, for the same employer and at the same company so it should be seen as stacked contracts and for determining the cancellation dates the whole period counts.

gsir 24.07.2019 12:29

Re: Notice period on fixed contract extension
 
Itís for the same job, same company.
So, in your opinion the notice period would be 1 month?

I am not very convinced though, because otherwise there should have not been the need to specify a new starting date and a new ending date, no?

EdwinNL 24.07.2019 12:51

Re: Notice period on fixed contract extension
 
Quote:

Originally Posted by gsir (Post 3085451)
Itís for the same job, same company.
So, in your opinion the notice period would be 1 month?

I am not very convinced though, because otherwise there should have not been the need to specify a new starting date and a new ending date, no?

Well you would like to know when the new contract starts and finishes?

It is a protection thing for employees, else in some branches people would just get a row of short term contract and can be fired as pleased even if they worked for 2years at the same spot.

Not looking up the laws, but I know of a bunch of EU countries that have this as law, and I always understood Switzerland also has such laws/rules.

Samaire13 24.07.2019 14:30

Re: Notice period on fixed contract extension
 
Quote:

Originally Posted by EdwinNL (Post 3085459)
Well you would like to know when the new contract starts and finishes?

It is a protection thing for employees, else in some branches people would just get a row of short term contract and can be fired as pleased even if they worked for 2years at the same spot.

Not looking up the laws, but I know of a bunch of EU countries that have this as law, and I always understood Switzerland also has such laws/rules.

Of course. Hence my mentioning it's a "grey zone" should an actual dispute every arise from it.

Theoretically speaking, it's two contracts.

In reality, it's probably one.

Switzerland has next to no employee protection, but at least there are notice periods that offer some protection, however limited. Officially, it's not even allowed to have multiple temporary contracts right after each other or rather if the number of contracts exceeds two or three (can't recall), the person could demand to be considered as a permanent employee with all respective rights and obligations.

Of course in reality, that happens roughly never.


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