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  #21  
Old 12.06.2020, 15:38
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Re: Employer tries to force contract with lower salary. What are the options?

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And... update from RAV, they say that since they offer her a contract, even if it is not a good one, she has to accept it.
And if they fire her (but they state that they gave her the option for another contract and she declined, even if it is a shitty contract, it is her fault and she will have several months penalty (no money from RAV).

Seriously I do not know what is wrong with this country! 0 employee rights!

This is even exploitation!
Be careful here, just because the RAV say it's true does not mean it is true. It depends on details, amounts etc. If you have legal insurance check with them first.
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  #22  
Old 12.06.2020, 16:34
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Re: Employer tries to force contract with lower salary. What are the options?

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And... update from RAV, they say that since they offer her a contract, even if it is not a good one, she has to accept it.
And if they fire her (but they state that they gave her the option for another contract and she declined, even if it is a shitty contract, it is her fault and she will have several months penalty (no money from RAV).

Seriously I do not know what is wrong with this country! 0 employee rights!

This is even exploitation!
Well, in that case I would man up and quit myself... will cost 3 months rav payments but at least Id be able to look at myself in the mirror .

Also because as you accept the lower salary, your future RAV payments will go down (as they are based on salary from the last 2 years). When you get out now RAV payments, once they start, will be based on original salary.
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  #23  
Old 12.06.2020, 17:31
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Re: Employer tries to force contract with lower salary. What are the options?

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Also because as you accept the lower salary, your future RAV payments will go down.
Yes.

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they are based on salary from the last 2 years
No, last 6 or 12 months, whichever is to your advantage.

Tom
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  #24  
Old 12.06.2020, 23:36
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Re: Employer tries to force contract with lower salary. What are the options?

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Well, in that case I would man up and quit myself... will cost 3 months rav payments but at least Id be able to look at myself in the mirror .

Also because as you accept the lower salary, your future RAV payments will go down (as they are based on salary from the last 2 years). When you get out now RAV payments, once they start, will be based on original salary.
These are 100% our thoughts! Personal dignity is more important that a couple of salaries. Also exactly as you said, if she signs the crappy contract then she will have to quit, so she will also have a penalty and she will get 80% of a lower salary.
We called also the Anwaltverband Rechtsaunkunft (for the employee rights) and they told us not to sign it and that it is better to be fired. We will probably call them again and ask them if what RAV says, has any legality or not! I will keep you posted
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  #25  
Old 13.06.2020, 08:30
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Re: Employer tries to force contract with lower salary. What are the options?

Regarding the RAV... their reasoning probably is that you are being offered a new job (new contract) and that you have to accept it. Because thats the general rule, when on RAV you have to accept job offers...... but not all of them. When the salary is way too low, way below normal for this position inside CH you do not have to accept. It may be the case that the lower salary offered is too low and you are allowed to refuse it without penalty....

But dont take my word for it and ask someone who knows ! Like the Anwalt person you mentioned.
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  #26  
Old 13.06.2020, 11:21
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Re: Employer tries to force contract with lower salary. What are the options?

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We called also the Anwaltverband Rechtsaunkunft (for the employee rights) and they told us not to sign it and that it is better to be fired. We will probably call them again and ask them if what RAV says, has any legality or not! I will keep you posted
Based on Tom's reply I copied below, definitely call them again. Tell them about this bit in the contract or better yet, send a copy. If the company is asking people to sign something that's not legal, the Anwaltverband Rechtsaunkunft might find that interesting.

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Also, it is not a straight salary reduction. Instead of having the standard fixed salary, they offer a per hour salary, considering as working (paid) hours, only some hours and the rest is considered administrative job, that the employee must do but does not get paid.
That is illegal.

Tom
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  #27  
Old 13.06.2020, 15:35
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Re: Employer tries to force contract with lower salary. What are the options?

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Based on Tom's reply I copied below, definitely call them again. Tell them about this bit in the contract or better yet, send a copy. If the company is asking people to sign something that's not legal, the Anwaltverband Rechtsaunkunft might find that interesting.
I don't think it's illegal, i.e. no punishment if done, but unlawful, i.e. without legal basis and void if challenged.

OP's OH could probably sign the contract and bill the administrative hours later, at a time of her liking, they shouldn't lapse for five years. Such would require corroboration, probably a diligently kept excel file would do. Enquire with the Cantonal Arbeitsamt (some Cantons call it Arbeits- und Wirtschaftsamt) to make sure that's an option.

Since bankruptcy can't be ruled out, OP's OH may also want to make sure the administrative hours are still considered salary even if billed later on, and ranked accordingly.
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  #28  
Old 13.06.2020, 17:20
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Re: Employer tries to force contract with lower salary. What are the options?

well, they have legalized it. They say that they pay a basic salary x per hour plus some arbitrary extra money for the unregistered hours to compensate.

Like
Basic salary is x
2 CHFs for sickness
3 CHFs for unregistered office ours, paperwork and meetings
2 CHFs for holidays
...

So the total salary per hour is x+2+3+2=.. something pretty small.

It looks legal to me. The problem is not the legality. The problem is that the sum salary will be significantly lower and a downgrade from her previous salary.

It barely pays the kita for the kids and the sbb to commute there.
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  #29  
Old 13.06.2020, 18:45
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Re: Employer tries to force contract with lower salary. What are the options?

Sounds like a terrible company. Get out ASAP, and tell them to stick their job.

Employer of the year.
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