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Old 22.01.2020, 20:41
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HR in Switzerland - Friend or Foe?

I suspect my manager intends to exit me from my company and try to use performance as a way to do it (Iím aware Switzerland is pretty much Ďat willí when it comes to hiring but for company politics reasons just firing me would be difficult).

The alleged issues that have been raised out of the blue, are vague and could be challenged easily. Is it worth getting HR involved to discuss things? In the UK Iíd be very wary of doing this... any advice?
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Old 22.01.2020, 20:48
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Re: HR in Switzerland - Friend or Foe?

They can hire and fire at will providing the stick to the agreed contract you both signed.


PS : It works both ways, fair to employee, fair to employer


If you think it is bad here, try the US .....
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Old 22.01.2020, 20:53
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Re: HR in Switzerland - Friend or Foe?

Foe.
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Old 22.01.2020, 20:54
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Re: HR in Switzerland - Friend or Foe?

If the decision has been made in the line managers' head, typically HR is already aligned. Also, this sounds as a typical pre-firing situation, so I tend to agree with your assumption without knowing the full picture. I couldn't offer specific advice, but it's probably best to have a discussion with your line manager for an improvement plan. Get his/her feedback as specific as possible and agree on a milestones and timeline for monitoring. At best this would put you back on track and in the company, at worst it will signal you're constructive and open to talk and you're more likely to get a decent package / buy more time. I've seen it work a few times
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Old 22.01.2020, 20:55
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Re: HR in Switzerland - Friend or Foe?

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I suspect my manager intends to exit me from my company and try to use performance as a way to do it (Iím aware Switzerland is pretty much Ďat willí when it comes to hiring but for company politics reasons just firing me would be difficult).

The alleged issues that have been raised out of the blue, are vague and could be challenged easily. Is it worth getting HR involved to discuss things? In the UK Iíd be very wary of doing this... any advice?
Foe.No doubt whatsoever.
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Old 22.01.2020, 21:07
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Re: HR in Switzerland - Friend or Foe?

HR are not on your side.
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Old 22.01.2020, 21:22
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Re: HR in Switzerland - Friend or Foe?

HR's job is to pretend they are looking after your best interest. Reality is the opposite. They are looking after the best interest of management, and employees are replaceable goods.
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Old 22.01.2020, 21:29
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Re: HR in Switzerland - Friend or Foe?

ALWAYS a foe.
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Old 22.01.2020, 22:19
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Re: HR in Switzerland - Friend or Foe?

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I suspect my manager intends to exit me from my company and try to use performance as a way to do it (Iím aware Switzerland is pretty much Ďat willí when it comes to hiring but for company politics reasons just firing me would be difficult).

The alleged issues that have been raised out of the blue, are vague and could be challenged easily. Is it worth getting HR involved to discuss things? In the UK Iíd be very wary of doing this... any advice?
Well if your boss wants you gone I doubt there is much HR can do expect maybe postpone the inevitable for a while. And the other thing is do you really want to stay on working for someone who does not want you around.
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Old 23.01.2020, 09:42
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Re: HR in Switzerland - Friend or Foe?

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Is it worth getting HR involved to discuss things? In the UK I’d be very wary of doing this... any advice?
Don't! Speaking from personal experience, it will only make things worse. HR is there to protect your boss and your employer, not you. I think this is universal across continents, not just Switzerland.

Try looking for a new role ASAP, good luck! I also recommend obtaining an ad-interim recommendation letter.
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Old 28.01.2020, 12:19
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Re: HR in Switzerland - Friend or Foe?

Foe to the worker bees, especially if it's already been decided to "show you the door." They are there to protect the management and the company from any potential liabilities. The labor laws here are weak to non-existent, so unless there's a glaring violation of something in the Code des Obligations, you're pretty much on god's good graces. Even if you're not on the chopping block, HR generally won't intervene when there are matters that need sorting out, even if it's warranted like in a mobbing situation. In the US, I found them a bit more hands-on as they once tried to diffuse a situation between two co-workers that could have turned pretty ugly.

All the best of luck to you, whatever happens!
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Old 28.01.2020, 12:58
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Re: HR in Switzerland - Friend or Foe?

HR are paid to do a job in a company, who do you think pays them, once you worked that out, you'll soon see who's side they are on
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Old 28.01.2020, 14:34
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Re: HR in Switzerland - Friend or Foe?

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I suspect my manager intends to exit me from my company and try to use performance as a way to do it (I’m aware Switzerland is pretty much ‘at will’ when it comes to hiring but for company politics reasons just firing me would be difficult).

The alleged issues that have been raised out of the blue, are vague and could be challenged easily. Is it worth getting HR involved to discuss things? In the UK I’d be very wary of doing this... any advice?
HR is there to ensure that a company doesn’t suffer liability costs or reputation risk damage in my experience. So they ensure that all of the mandatory regulatory laws are being fulfilled in each case.

Occasionally you might get someone who is generally interested in your case, but don’t count on it.

Above all, avoid HR contact unless your case is severe and can cause reputation or financial damages such as sexual harassment etc. If you believe that you have a justified and documented claim, then rather go to a lawyer.

Don’t go to HR if you believe that you are being unfairly treated by your boss or colleagues etc. It will inevitably turn against you. Rather just find a new job.

But that’s just my impression after almost 40 years of working in CH.
Maybe I’m completely wrong, and HR are the do-gooders we go running to looking for justice.
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Old 28.01.2020, 15:31
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Re: HR in Switzerland - Friend or Foe?

HR is neither there for you, nor for your manager, but for the company. They will make sure that your boss is following the Swiss law if and when it comes to terminating your contract. The certainly wouldn't protect you from being fired, but they would work to protect the company from making a mistake that would expose them to legal remifications later.

It is not uncommon for people who are let go from companies to challange parts of the process legally and to win some sort of additional compensation. If you feel that you are in anyway being treated unfairly, by all means book a initial consultation with a lawyer. Representing employees who are dismissed is 'normal' work for Swiss lawyers. You'll find out quickly (and it will cost you a bit) if following up makes sense.
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Old 28.01.2020, 15:46
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Re: HR in Switzerland - Friend or Foe?

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HR is neither there for you, nor for your manager, but for the company. They will make sure that your boss is following the Swiss law if and when it comes to terminating your contract. The certainly wouldn't protect you from being fired, but they would work to protect the company from making a mistake that would expose them to legal remifications later.

It is not uncommon for people who are let go from companies to challange parts of the process legally and to win some sort of additional compensation. If you feel that you are in anyway being treated unfairly, by all means book a initial consultation with a lawyer. Representing employees who are dismissed is 'normal' work for Swiss lawyers. You'll find out quickly (and it will cost you a bit) if following up makes sense.
OP, saw your new thread on names of lawyers - good for you!

Just also be aware that if you take legal action against a company, you may also be blacklisted for future employment there. Make sure that any potential gain in the labor court (in Switzerland it’s pretty small in most cases) is worth any pain.

Good luck!
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Old 28.01.2020, 17:32
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Re: HR in Switzerland - Friend or Foe?

Foe, make no mistake.
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Old 28.01.2020, 21:03
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Re: HR in Switzerland - Friend or Foe?

if you think you're getting fired illegally, there are lawyers and courts for that. HR is a part of the company I don't see how it could be on your side.
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Old 28.01.2020, 21:32
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Re: HR in Switzerland - Friend or Foe?

Foe. Definitely Foe.
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Old 08.02.2020, 13:48
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Re: HR in Switzerland - Friend or Foe?

Act like you are friends with them and are collaborative but never trust them and consider them to be your enemy.
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