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Old 07.11.2019, 13:35
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Post-employment pay and status

Thanks for reading this, I just left my job and have some questions about how Swiss, and in particular Ticino, pay protections work.

I sent my employer a resignation email yesterday (notice to quit at the end of January 2020), and reported to work today. I was handed a simple letter in Italian stating that my employment was terminated on Monday the 4th, which is really odd since I worked that day as well as the following.

If I receive a letter stating that my employment is terminated, after I deliver a resignation, do they have to pay me through my notice period?

I'm non-EU on an L permit, so I'm also concerned about my legal status in Switzerland. Should I report this somewhere? Do I have to leave immediately?
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Old 07.11.2019, 14:43
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Re: Post-employment pay and status

Both parties have to respect the notice period as agreed upon in the contract (given it respects legal terms) unless both party's reach a different agreement together.

Are you certain you understood the letter from your employer correctly?

And you are on L-permit, so it is likely you'll be asked to leave the country, as for reporting, surely you signed a paper which said that you would inform authorities of changes in your situation. no clue as for unemployment money, but if so it will not be much since you only worked a short time and resigned yourself.
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Old 07.11.2019, 15:32
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Re: Post-employment pay and status

"Are you certain you understood the letter from your employer correctly?"

Yes, it's a very simple letter. It's like a letter from the past telling me that my employment is terminated.

I'm inclined to find an employment lawyer for an opinion on it. Anyone have suggestions in Ticino?

Thanks again!
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Old 07.11.2019, 15:39
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Re: Post-employment pay and status

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"Are you certain you understood the letter from your employer correctly?"

Yes, it's a very simple letter. It's like a letter from the past telling me that my employment is terminated.

I'm inclined to find an employment lawyer for an opinion on it. Anyone have suggestions in Ticino?

Thanks again!
Well, the answer is simple:

Both parties have to respect the notice period as agreed upon in the contract (given it respects legal terms) unless both party's reach a different agreement together."

And nope you cannot get a backdated resignation.

Just tell your employer that you'll be happy to leave anytime as long as he pays you what you are entitled to.
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Old 07.11.2019, 16:22
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Re: Post-employment pay and status

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after I deliver a resignation, do they have to pay me through my notice period?
Pacta sunt servanda.

Yes, they must pay you during the notice period up till the actual termination date according the contract. In return you must show up for work and do your assigned duty.

The employer might put you on so called garden leave and you do not have to turn up for work, still he must pay you. During garden leave you might not be allowed to work for any one else.

During the notice period the employer must give you time off in case you have a job interview.

Last edited by aSwissInTheUS; 07.11.2019 at 21:49.
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Old 08.11.2019, 12:21
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Re: Post-employment pay and status

Thanks everyone.

I still think I want to talk to a lawyer. Any recommendations for one in Lugano or anywhere else in Ticino?
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Old 08.11.2019, 12:27
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Re: Post-employment pay and status

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Thanks everyone.

I still think I want to talk to a lawyer. Any recommendations for one in Lugano or anywhere else in Ticino?



Excellent decision, it will cost you far more than you'll save/gain
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Old 08.11.2019, 14:20
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Re: Post-employment pay and status

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Thanks everyone.

I still think I want to talk to a lawyer. Any recommendations for one in Lugano or anywhere else in Ticino?
Is there a need for a lawyer yet? Is there an outstanding payment? Did you talk with your employer? Are they refusing future payments?

Cheapest information you can get is from the cantons labor court.
https://www4.ti.ch/dfe/de/usml/sport...conciliazione/

Lawyers:
https://www4.ti.ch/index.php?id=22610

Further information from ch.ch
https://www.ch.ch/en/labour-disputes/
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Old 08.11.2019, 14:44
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Re: Post-employment pay and status

I know lawyers in Ticino.

How much money do you have?

Tom
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Old 08.11.2019, 14:49
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Re: Post-employment pay and status

The Ordine Degli Avvocati del Cantone Ticino (Bar Association of Ticino) offers advice for 30 CHF. They make you some questions, assess your case, and give you some general advice to solve your problem. If the general advice is not enough they'll send you to an specialized lawyer (which may cost a lot). However, the first consultation is relatively cheap, you get good advice and you're free to chose what to do after.

http://www.oati.ch/home/servizi/serv...giuridica.html

Also, there is some missing information to better understand the issue:

a) indefinite or fixed-term type of contract (e.g. 6 months)
b) duration of employment relationship, during probation period of 1 to 3 months or after?

If the termination is done during the trial period, I think the period of notice is 7 days.

PS. Talking to the lawyer may be more useful to get advice on how to stay in CH looking for a job with a L permit.
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Old 08.11.2019, 15:15
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Re: Post-employment pay and status

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Thanks for reading this, I just left my job and have some questions about how Swiss, and in particular Ticino, pay protections work.

I sent my employer a resignation email yesterday (notice to quit at the end of January 2020), and reported to work today. I was handed a simple letter in Italian stating that my employment was terminated on Monday the 4th, which is really odd since I worked that day as well as the following.

If I receive a letter stating that my employment is terminated, after I deliver a resignation, do they have to pay me through my notice period?

I'm non-EU on an L permit, so I'm also concerned about my legal status in Switzerland. Should I report this somewhere? Do I have to leave immediately?
In Switzerland, any employer and any employee can freely give notice to each other at any time.

There are very few, protected circumstances in which an employer may not give notice, such as pregnancy, and very few reasons that are not considered valid, such as racial discrimination.

For the rest, the concept of “employee protection” together with a system of warnings which must be given before it is permissible for an employer to dismiss and employee, as practiced in some other countries, is simply unknown in Switzerland. There is also no concept of an end-of-contract lump-sum payout on termination.

In summary: if you want out, you can resign; if they want you out, they can dismiss you. And then your relationship ends.

Both parties are bound by the notice period defined by the contract and/or by the law and by the standard overarching agreements for that section of the economy.

During the notice period
  • the employee must continue to work until the last day, unless he/she is given “garden leave” by the employer,
  • the employer must continue to pay until the last day,
although the two parties may, together, reach agreement on an earlier date of termination. This can be to the employee’s advantage only if the employee wishes to be set free, immediately, perhaps to start a next job. Otherwise, such an earlier date is a poor choice for the employee, who thereby loses his/her income and insurance cover.

I'm trying to understand what happened.

Monday 4th you worked.
Tuesday 5th you worked.
Wednesday 6th you sent an email giving notice to leave on 31st January 2020, i.e. giving your employer 2 full months’ notice (December and January) plus a part of the month of November.
Did you also work on Wednesday 6th?
Thursday 7th you reported to work. You also say you “left your job”. Does this mean you don't intend to go back, and if so, have you told your employers that? And you were given a letter terminating your employment on Monday 4th, i.e. giving you zero days’ notice. Does this mean they don't want you back there, with immediate effect?
Did you sign your agreement to that letter?

The speed of all this makes me wonder whether your employer intends for you to be dismissed with no notice period, which is, indeed, permissible - the contract notwithstanding - if you are deemed to have done something criminal or something that very serious to the detriment of the employer.
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