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Old 10.11.2019, 21:52
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Payroll not paying salary

Hi Guys,

I am unlucky to not have received my salary for two months. I work in Zürich providing services to Swiss company, employed by UK company. Transfer to my employer was done, my employer transfered the amount to Swiss payroll company and they are simpy not paying me.

My bank account is alright as I got test tranfers from different sources. I tried to resolve the issue with them but either they keep forwarding emails internally back and forth or just would say they transfered the money (of course they dont) without sedning any kind of confirmation. Asked about the reason either they say they er investigating or they have problems with some system.. but most often they would just ignore any message.

I am looking for an effective way to get my money back.

So far I sent a Mahnung to them giving them 7 days to send my money otherwise I will initiate Betreibung but maybe your experience could help me take a better step.
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Old 11.11.2019, 08:51
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Re: Payroll not paying salary

Send a reminder by registered post, only registered letters will make them take it seriously.
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Old 11.11.2019, 10:25
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Re: Payroll not paying salary

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Send a reminder by registered post, only registered letters will make them take it seriously.
Sure. This is done. Waiting for the reaction.
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Old 11.11.2019, 10:34
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Re: Payroll not paying salary

Make sure your UK employer and the Swiss Company are aware that you are having problems with the Swiss Payroll Company.
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Old 11.11.2019, 11:19
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Re: Payroll not paying salary

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Make sure your UK employer and the Swiss Company are aware that you are having problems with the Swiss Payroll Company.
Why would i bother Swiss Company? I got this advice from different sources but for me it's not logical for me to involve someone who fulfilled it's part of the contract. Just trying to understand the idea behind it. Would they be able to provide any kind of support?
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Old 11.11.2019, 11:22
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Re: Payroll not paying salary

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Why would i bother Swiss Company? I got this advice from different sources but for me it's not logical for me to involve someone who fulfilled it's part of the contract. Just trying to understand the idea behind it. Would they be able to provide any kind of support?
Well they might certainly put pressure on their "supplier" ie. your UK employer to sort this mess out. But I would let the UK side know first.
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Old 11.11.2019, 11:57
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Re: Payroll not paying salary

Stop working and get out of your contract with the Swiss payroll company. Check that they are not going into liquidation.

I have been in that situation. Client paid and payroll company didn't pay me. They went into liquidation and I was just an unsecured creditor. I received zero from what was owing. I would stop working under the current agreement as any more you do, you could end up not being paid. I had my payroll company sign a letter that I could work directly for the end-client.
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Old 11.11.2019, 12:04
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Re: Payroll not paying salary

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Stop working and get out of your contract with the Swiss payroll company. Check that they are not going into liquidation.

I have been in that situation. Client paid and payroll company didn't pay me. They went into liquidation and I was just an unsecured creditor. I received zero from what was owing. I would stop working under the current agreement as any more you do, you could end up not being paid. I had my payroll company sign a letter that I could work directly for the end-client.
They are still active. Can I give up a job after I sent first Mahnung and no reply was received within the time I gave them?

I think I would go for another payroll company right away as I need a contract.
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Old 11.11.2019, 13:41
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Re: Payroll not paying salary

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Why would i bother Swiss Company? I got this advice from different sources but for me it's not logical for me to involve someone who fulfilled it's part of the contract. Just trying to understand the idea behind it. Would they be able to provide any kind of support?
And that is why you are still unpaid... Stop working for free and this will get fixed PDQ. Until people start to feel pain nothing will happen as you have discovered. The Swiss company and your employer are in a far better position to sort this out than you are.
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Old 11.11.2019, 13:46
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Re: Payroll not paying salary

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Why would i bother Swiss Company? I got this advice from different sources but for me it's not logical for me to involve someone who fulfilled it's part of the contract. Just trying to understand the idea behind it. Would they be able to provide any kind of support?
Why would you not?

There are four parties involved. One is not doing the right thing. Your efforts to move that one have not yet been successful. Most especially if you think/know that the other two are doing what they are supposed to, it follows that they are more likely to be your allies than the one who is not.

Ask them to get involved. After all, the defaulting party has a contract not just with you, but with one or both of them, too. They may not even know that their contractual partner is defaulting.

Just think about it: if you had five or fifty contractors working for you, wouldn't you want those contractors to be paid once they'd done what was agreed?

Now imagine you had delegated the task of paying them to me, but I didn't pay them. Wouldn't you hope that your contractors would at least inform you that I'd defaulted? Most especially if you had already transferred the money for them to me, in good faith, in terms of the contract between you and me?
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Old 11.11.2019, 14:19
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Re: Payroll not paying salary

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Hi Guys,

I am unlucky to not have received my salary for two months. I work in Zürich providing services to Swiss company, employed by UK company. Transfer to my employer was done, my employer transfered the amount to Swiss payroll company and they are simpy not paying me.

My bank account is alright as I got test tranfers from different sources. I tried to resolve the issue with them but either they keep forwarding emails internally back and forth or just would say they transfered the money (of course they dont) without sedning any kind of confirmation. Asked about the reason either they say they er investigating or they have problems with some system.. but most often they would just ignore any message.

I am looking for an effective way to get my money back.

So far I sent a Mahnung to them giving them 7 days to send my money otherwise I will initiate Betreibung but maybe your experience could help me take a better step.
Thats Swiss efficiency for you! Get on the phone and blast them. Thats all they understand!
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Old 11.11.2019, 14:44
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Re: Payroll not paying salary

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Thats Swiss efficiency for you! Get on the phone and blast them. Thats all they understand!
I really wonder on how efficient is that.

I read Betreibung procedure and from I understood:
  • you are charged 50-200 CHF for their sending a letter
  • they do not need any evidence that your claim is valid or not (they review no documents)
  • Betreibungsamt give NO guarantee that their action that it will work
  • Schuldner can respond with Rechtsvorschlag by which they simply mean that my claim is not valid
  • Betreibungsamt can report a Klage to Arbeitsgericht or some other unit and most probably this can generate serious costs for me
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Old 11.11.2019, 14:51
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Re: Payroll not paying salary

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I really wonder on how efficient is that.

I read Betreibung procedure and from I understood:
  • you are charged 50-200 CHF for their sending a letter
  • they do not need any evidence that your claim is valid or not (they review no documents)
  • Betreibungsamt give NO guarantee that their action that it will work
  • Schuldner can respond with Rechtsvorschlag by which they simply mean that my claim is not valid
  • Betreibungsamt can report a Klage to Arbeitsgericht or some other unit and most probably this can generate serious costs for me
Yes, but as I understand it you don‘t know who is not being paid. What if it‘s the UK company whe have not paid?

Best advise is if you can‘t get a straight answer. Stop working. Tell the company you are doing the work for here that you have not been paid for 2 months and cannot afford to continue.

I‘ve seen this before and when a company cannot paid the people who work for them, the bankruptcy is just around the corner...
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Old 11.11.2019, 14:56
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Re: Payroll not paying salary

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Yes, but as I understand it you don‘t know who is not being paid. What if it‘s the UK company whe have not paid?

Best advise is if you can‘t get a straight answer. Stop working. Tell the company you are doing the work for here that you have not been paid for 2 months and cannot afford to continue.

I‘ve seen this before and when a company cannot paid the people who work for them, the bankruptcy is just around the corner...
I exactly know who did not pay. Payroll Company issued Lohnabrechnungen for the periods so they must have got specific amount to do such calculation. The other thing is they never said they did not get the money.
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