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  #21  
Old 02.05.2021, 14:45
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Re: Lay offs and consultation

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mass layoffs are based on company size (employees) and relative amount of dismissals in 30-days period - nothing to do whenever it be janitor or scientist.

‘mass dismissals’ (art. 335d CO):

10 employees in a business usually employing more than 20 and less than 100 employees
10 percent of the workforce in a business usually employing more than 100 and less than 300 employees
30 employees in a business employing more than 300 employees.

and consultations must be done .
I think OP is alleging that the company has several legal entity and firing people from all in a way that each individually is below the threshold for consultation, this trying to avoid it.
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  #22  
Old 02.05.2021, 15:41
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Re: Lay offs and consultation

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My home country is Turkey and since I am a delegated expat, I think I no longer have ties with my home affiliate. The problem is, when you are delegated expat you are neither taken as a regular employee by your ex and new employer, you are somehow left between. I don't know whom I should fight with unless they satisfy my demands.
The way you are treated is based on the contract you have. Do you have a work contract with the local office? Does it specify any terms for repatriation?

I would guess if you have a local contract, even as an expat, then you're to be treated as a local. If you have an expat contract, then the local office officially only contracts you back from Turkey.

If your company is trying to repartriate you with a job waiting for you back in Turkey and you don't want to take it and you think the consulatation process should allow you the option for a severance package, then check with your consultation rep. That's what they're there for. They can clarify the terms and your options, but they might not be able to help you fight with you to satisfy your demands.

Sorry to hear about your loss.
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  #23  
Old 02.05.2021, 18:17
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Re: Lay offs and consultation

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I think OP is alleging that the company has several legal entity and firing people from all in a way that each individually is below the threshold for consultation, this trying to avoid it.
The exact situation with J&J in Neuchâtel and La Chaux-de-Fonds. And it is appalling behaviour.
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  #24  
Old 02.05.2021, 18:35
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Re: Lay offs and consultation

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I think OP is alleging that the company has several legal entity and firing people from all in a way that each individually is below the threshold for consultation, this trying to avoid it.
Rules apply to legal entities and ownership structure is not relevant here so I do not see how it's relevant to the OP expectations here. I'd suggest
- start looking for a new job in CH
- check for ALV eligibility
- reconsider move back and perhaps try to negotiate something along the ways.
- check with legal
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