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-   -   preempting a firing next week (https://www.englishforum.ch/employment/293743-preempting-firing-next-week.html)

Dellover 25.08.2019 16:26

preempting a firing next week
 
Hi

Im just at the end of my probation period and think I may get my letter of termination tomorrow to make the 7 days notice to my probation period.

Since I dont think this is at all justified and have been bullied by my manager who wants me gone, should i take monday off and extend it to the normal notice period of 3 months, or just wait until i possibly get the letter of termination and decide then?

thanks

doropfiz 25.08.2019 16:33

Re: preempting a firing next week
 
If you want to take Monday off, do you have leave or overtime accumulated for this?

Dellover 25.08.2019 16:37

Re: preempting a firing next week
 
I have holiday time, but that normally needs booking. I could just say I need
a day off for personal reasons.

roegner 25.08.2019 16:38

Re: preempting a firing next week
 
Quote:

Originally Posted by Dellover (Post 3094498)
I have holiday time, but that normally needs booking. I could just say I need
a day off for personal reasons.

Do you think they will allow that?? If you will be fired they will probably say no.

robBob 25.08.2019 16:39

Re: preempting a firing next week
 
Call in sick. :cool:

Clocker 25.08.2019 16:39

Re: preempting a firing next week
 
Quote:

Originally Posted by Dellover (Post 3094492)
Im just at the end of my probation period and think I may get my letter of termination tomorrow to make the 7 days notice to my probation period.
Since I dont think this is at all justified and have been bullied by my manager who wants me gone, should i take monday off and extend it to the normal notice period of 3 months, or just wait until i possibly get the letter of termination and decide then?

Quote:

Originally Posted by doropfiz (Post 3094495)
If you want to take Monday off, do you have leave or overtime accumulated for this?

Off sick? I doubt it is to do with overtime or time in lieu.
Is Monday the last day they have to give you notice to beat the extension to a longer notice period?

Dellover 25.08.2019 16:40

Re: preempting a firing next week
 
I've just realised that there's 6 days to the end of the month from tomorrow, so its impossible to give me 7 days notice.

:-)

doropfiz 25.08.2019 16:50

Re: preempting a firing next week
 
Are you sure, OP, that the notice period in your contract is 3 months? Many contracts have 7 days during the probationary period, and thereafter one month during the first year, and only after that 2 or 3 months.

Notice in Switzerland doesn't have to be justified. The employer (and the employee, for that matter) are free to terminate at any time, as long as they respect the notice period.

If you are given notice, whether on Monday or a week later, you still have to work during your notice period. With that manager of whom you say he bullies you. Why would you want to put yourself through that for any longer than you need to?

Mightn't it be better for you, psychologically, to know where you stand?
  1. If you are not given notice, then you can set about seeing whether there are ways to save/improve this job.
  2. If you are given notice, then you can get on with registering at the unemployment office, and looking for a better job.

Dellover 25.08.2019 17:27

Re: preempting a firing next week
 
Quote:

Originally Posted by doropfiz (Post 3094504)
Are you sure, OP, that the notice period in your contract is 3 months? Many contracts have 7 days during the probationary period, and thereafter one month during the first year, and only after that 2 or 3 months.

Notice in Switzerland doesn't have to be justified. The employer (and the employee, for that matter) are free to terminate at any time, as long as they respect the notice period.

If you are given notice, whether on Monday or a week later, you still have to work during your notice period. With that manager of whom you say he bullies you. Why would you want to put yourself through that for any longer than you need to?

Mightn't it be better for you, psychologically, to know where you stand?
  1. If you are not given notice, then you can set about seeing whether there are ways to save/improve this job.
  2. If you are given notice, then you can get on with registering at the unemployment office, and looking for a better job.


the contract says notice - 3 months by the end of the month in writing, nothing else.

the problem i have is that i wouldnt get any unemployment benefit just yet, but i couldnt finish sooner anyway since theres 6 days left this month.

nickatbasel 25.08.2019 17:41

Re: preempting a firing next week
 
I’m on my second G+T as I read this so apologies for missing the point.

Are you trying to prolong your time at the company? If the “stimmung” (vibe) at the place is quite toxic with the particular manager, is it really worth trying to stay longer than is necessary. Of course I am saying this without knowing the background and your financial situation so apologies if I ramble out of turn.

Cheers,
Nick

doropfiz 25.08.2019 18:26

Re: preempting a firing next week
 
Quote:

Originally Posted by Dellover (Post 3094502)
I've just realised that there's 6 days to the end of the month from tomorrow, so its impossible to give me 7 days notice.

:-)

No, I don't think that's how it works.

The notice period is 7 days as long as the notice is given during the probation period.
The notice period itself can, however, extend beyond the probationary period.

If your probationary period ends on 31st August, then the employer (and you) can give notice on any day from now up until and including 31st August. Then the 7 days start to run.

Cider Woman 25.08.2019 18:56

Re: preempting a firing next week
 
If you are sick, your employer needs to extend your notice period:

https://en.slp.ch/blog/2015/05/18/sw...on-sick-leave/

However, it may not apply as technically, I believe, you are in your probationary period.

Today only 25.08.2019 19:06

Re: preempting a firing next week
 
The employer can also request you visit a second doctor of his choice and at his expense to justify your......illness.

Dellover 25.08.2019 19:31

Re: preempting a firing next week
 
Quote:

Originally Posted by doropfiz (Post 3094523)
No, I don't think that's how it works.

The notice period is 7 days as long as the notice is given during the probation period.
The notice period itself can, however, extend beyond the probationary period.

If your probationary period ends on 31st August, then the employer (and you) can give notice on any day from now up until and including 31st August. Then the 7 days start to run.

But doesnt the notice need to be given to run to the end of the month - my normal notice period (beyond probation) is to the end of the month.

Dellover 25.08.2019 19:33

Re: preempting a firing next week
 
Quote:

Originally Posted by Cider Woman (Post 3094532)
If you are sick, your employer needs to extend your notice period:

https://en.slp.ch/blog/2015/05/18/sw...on-sick-leave/

However, it may not apply as technically, I believe, you are in your probationary period.

"It is important to be aware of these forbidden periods of notice as an extended period of notice may also entitle the employee to a longer period of employee leave benefits or wages."

this seems to imply that the pushed notice period may trigger a longer notice if it goes over a boundary.

roegner 25.08.2019 19:34

Re: preempting a firing next week
 
Quote:

Originally Posted by Dellover (Post 3094544)
But doesnt the notice need to be given to run to the end of the month - my normal notice period (beyond probation) is to the end of the month.

No, you can be fired within your notice period afaik, see Doropfiz´s post

st2lemans 25.08.2019 19:35

Re: preempting a firing next week
 
Quote:

Originally Posted by Dellover (Post 3094544)
But doesnt the notice need to be given to run to the end of the month?

Not when it's seven days rather than multiple months. :rolleyes:

Tom

baboon 25.08.2019 19:36

Re: preempting a firing next week
 
Quote:

Originally Posted by Dellover (Post 3094544)
But doesnt the notice need to be given to run to the end of the month - my normal notice period (beyond probation) is to the end of the month.

No.

And anyway being sick or on holiday wouldn't stop the company giving you notice. The sick part just possibly delays it by the one day you are sick.

Dellover 25.08.2019 19:43

Re: preempting a firing next week
 
So if i were sick for the whole of next week, and the company werent able to give me notice in writing until next month, wouldnt that defeat any 7 day notice period?

baboon 25.08.2019 19:44

Re: preempting a firing next week
 
Quote:

Originally Posted by Dellover (Post 3094552)
So if i were sick for the whole of next week, and the company werent able to give me notice in writing until next month, wouldnt that defeat any 7 day notice period?

No.

Plus you would need a doctors certificate on top. And if you didn't produce one be fired without notice for misconduct.


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