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Old 17.08.2019, 10:53
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Employer fired me and now wants reports on my new job applications. Is this legal?

Hi All,

I am a Consultant Software Engineer. Two years ago I joined a Swiss company, as a permanent employee. The company is made only of two people, the CEO and me. In July, the CEO fired me for economic reasons: There are not enough customers to pay for my salary.

Now, I am in the middle of the two months notice period, which ends on September 31st. My boss told me that my work now is to send as many jobs applications I can and write a report for each application I send.

I think this is a way to control and push me to find a job as soon as I can. So doing, he could save money if, for instance, I find a job before the end of September.

However, I think this practice is illegal. For instance, if I apply for a job at Google that takes 20 days for getting an interview, and for a job to another company that takes only 5 days, with this system, I feel I am forced to choose the job that hires me the earliest.

As I am no expert on the Swiss laws, I have two questions:
1. Do you think this situation is legal?
2. If not, can you point me to any form of documentation, that clearly states that this practice is not legal?

Thank you all for the time spent in reading this post, and for your advice.

Last edited by Ace1; 17.08.2019 at 11:12. Reason: removed name - better if it's anonymous
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Old 17.08.2019, 11:19
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Re: Employer fired me and now wants reports on my new job applications. Is this legal

Your employer is obligated to provide you time to find a new job, wether or not you actually are trying to find a new job is not of his concern.

You will not find a specific law that prohibits this, however your employer will not find a law that forces you to hand in this info. So you tell him to not interfere with things that are not of his business.
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Old 17.08.2019, 11:44
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Re: Employer fired me and now wants reports on my new job applications. Is this legal

The only people who would need to see evidence of applications is the RAV, if you register with them. It’s none of your employer’s business.

Ask for a reference. Tell him the better he makes it, the quicker you’ll get a job...
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Old 17.08.2019, 12:00
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Re: Employer fired me and now wants reports on my new job applications. Is this legal

Mmmmhhh, maybe you are reading too much into this. We all know that the RAV wants you to start making applications as soon as you find out that you are losing your job. Perhaps your employer is being helpful in getting you up to speed for the RAV? Has he asked to see these 'reports'?
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Old 17.08.2019, 12:17
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Re: Employer fired me and now wants reports on my new job applications. Is this legal

First of all, thanks to all the people who commented here.

NickGB: Indeed, my employer is a good person, has been helpful in the process and provided a very good recommendation.

On the other side, he requested to share with him a spreadsheet with the status of the applications and files to prove the contacts. With this data, he can interfere with my job search.

For instance, I was talking with him about a company that already expressed interest in my profile. I argued that I would delay the contact, as this company offers 10K less than the average. On the other side, my boss tried to push the idea that 10K less is not that bad.

I think sharing the data will bring to a conflict of interests. He wants me to leave early, I want to find the best deal.

Indeed, the worst-case is when I get an offer I want to delay in favor of better ones.
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Old 17.08.2019, 12:33
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Re: Employer fired me and now wants reports on my new job applications. Is this legal

He cannot push you to find a job.

Once that you are on RAV/ALK, they can, as the ALK wants to limit their payments, but that will only be in October, once the notice period is finished.

Tom
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Old 17.08.2019, 12:45
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Re: Employer fired me and now wants reports on my new job applications. Is this legal

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First of all, thanks to all the people who commented here.

NickGB: Indeed, my employer is a good person, has been helpful in the process and provided a very good recommendation.

On the other side, he requested to share with him a spreadsheet with the status of the applications and files to prove the contacts. With this data, he can interfere with my job search.

For instance, I was talking with him about a company that already expressed interest in my profile. I argued that I would delay the contact, as this company offers 10K less than the average. On the other side, my boss tried to push the idea that 10K less is not that bad.

I think sharing the data will bring to a conflict of interests. He wants me to leave early, I want to find the best deal.

Indeed, the worst-case is when I get an offer I want to delay in favor of better ones.
Ah I see you’re problem, you have a life skill deficiency, which you need to work on: learn to be economical with the truth
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Old 17.08.2019, 15:22
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Re: Employer fired me and now wants reports on my new job applications. Is this legal

When you apply for jobs, make it clear that you are available only after you've worked your notice period. This is normal in Switzerland. Employers wait.

When you tell your boss you've found another job, he cannot make you take it any earlier. He must pay your notice period. If you both agree to an earlier termination, then that's fine. But it must be mutual, not imposed.

My experience of taking jobs that pay less than my current job is - don't do it, unless you're currently being vastly overpaid.
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Old 17.08.2019, 16:03
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Re: Employer fired me and now wants reports on my new job applications. Is this legal

I seriously doubt you will be hired within a couple of weeks to save him money. It takes long here to hire someone.
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Old 17.08.2019, 16:17
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Re: Employer fired me and now wants reports on my new job applications. Is this legal

Does the owner of a 2 person company call himself CEO? That made me laugh.
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Old 17.08.2019, 16:47
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Re: Employer fired me and now wants reports on my new job applications. Is this legal

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As I am no expert on the Swiss laws, I have two questions:
1. Do you think this situation is legal?
The (ex)-employer has no right to request such information. If you apply for jobs and how many is solely up to you. This is mostly private business in so far that the employer must provide time (unpaid) that you can attend job interviews. With whom is none of his business.

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2. If not, can you point me to any form of documentation, that clearly states that this practice is not legal?
This is not possible. But to turn it in another way. There is no form of documentation, or law which would allow the employer to request such information form the employee.


Nevertheless it is good practice to keep track of the applications, interviews, rejections. If all falls through the crack and you become unemployed the RAV is actually allowed to request such information. They can reduce unemployment benefits if you can not proof enough job seeking activity after dismissal.
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Old 17.08.2019, 17:59
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Re: Employer fired me and now wants reports on my new job applications. Is this legal

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Does the owner of a 2 person company call himself CEO? That made me laugh.
<pedant mode on>Him being the owner doesn't mean he's the managing director necessarily.<pedant mode off>.

As the manager (and owner) of a 1 person company, my job titles are CEO, COO, CIO, CFO, bloke that actually does the work and teaboy.
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