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23.07.2019, 10:53
| Newbie | | Join Date: Jul 2019 Location: Zurich
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| | 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? It’s 1 month since I have been employed with them for more than 6 months or it’s only 2 days given that a new contract has started?
Thanks for your reply, very much appreciated!
Gsir
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24.07.2019, 00:05
|  | Forum Legend | | Join Date: Apr 2014 Location: CH
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| | Re: Notice period on fixed contract extension
1 month imo. Your contract was extended, it’s not a new one, so your employment simply continues into > 6 months
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24.07.2019, 11:18
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| | Re: Notice period on fixed contract extension
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)?
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24.07.2019, 11:46
|  | Forum Legend | | Join Date: Apr 2014 Location: CH
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| | Re: Notice period on fixed contract extension | Quote: | |  | | | 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.
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24.07.2019, 12:23
| | Re: Notice period on fixed contract extension | Quote: | |  | | | 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.
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24.07.2019, 12:29
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| | Re: Notice period on fixed contract extension
It’s 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?
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24.07.2019, 12:51
| | Re: Notice period on fixed contract extension | Quote: | |  | | | It’s 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.
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24.07.2019, 14:30
|  | Forum Legend | | Join Date: Apr 2014 Location: CH
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| | Re: Notice period on fixed contract extension | Quote: |  | | | 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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