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Old 27.06.2020, 13:36
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Re: Working 200% for one month

I just remembered where this has come up before... People who are leaving Company A and are hired by Company B.

They've given notice at Company A have had their last day of work at Company A but are still in their notice period and are still being paid (garden leave, remaining vacation, whatever).

And they want to start at Company B while still on garden leave with company A. (remember, they've given notice, handed their computer, said goodbye to everyone, but are technically still an employee).

I've heard that this is not allowed and now possible... but this is only something I've heard, not something I know.
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Old 27.06.2020, 14:05
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Re: Working 200% for one month

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I just remembered where this has come up before... People who are leaving Company A and are hired by Company B.

They've given notice at Company A have had their last day of work at Company A but are still in their notice period and are still being paid (garden leave, remaining vacation, whatever).

And they want to start at Company B while still on garden leave with company A. (remember, they've given notice, handed their computer, said goodbye to everyone, but are technically still an employee).

I've heard that this is not allowed and now possible... but this is only something I've heard, not something I know.
Legally there is nothing prohibiting such.
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  #23  
Old 28.06.2020, 09:26
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Re: Working 200% for one month

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Legally there is nothing prohibiting such.
Interesting, because this would be exactly my case
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Old 28.06.2020, 11:59
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Re: Working 200% for one month

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Interesting, because this would be exactly my case
Then you are not working 200%, your employed 200% which is a different thing.

I’ve only encountered it once in thirty years, but we were checked once by the authorities (there was a suspicion it was as a result of a complaint by a neighboring farmer). About 20 guys turned up and went desk to desk with HR. Each person had to show ID and AHV number and HR had to show employment contract plus records of actual working hours.

As we were contractors and in the habit of only updating the time sheets once a month, there was a problem.... The employer had to pay a fine.
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Old 28.06.2020, 12:15
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Re: Working 200% for one month

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Interesting, because this would be exactly my case
Than maybe next time you want to be clear about your situation. Working hours and hours under contract can be totally different things.
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Old 28.06.2020, 13:22
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Re: Working 200% for one month

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Legally there is nothing prohibiting such.
I don't have any knowlege of my own here, but I was told that there would be 'issues'. I can't remember what they were though...

It obviously wasn't the working hours, and I don't think it was the pension contributions.

I guess it could have been the AHV or IV, but that doesn't make sense.

What about the the accident insurance? For example, which accident insurance would be responsible if you had a non-work related injury during this period. But this seems like a small problem and easily solvable.

Could it be that when you take vacation, you are expected to relax and not work? That also doesn't sound right to me.

The more I think about it, the more I think you are probably right.
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Old 28.06.2020, 14:21
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Re: Working 200% for one month

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Than maybe next time you want to be clear about your situation. Working hours and hours under contract can be totally different things.

You are right: I apologise for this. I was not aware there were any distinction between the two.


Could you please elaborate on this matter? What is the difference?


Many thanks.
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Old 28.06.2020, 14:29
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Re: Working 200% for one month

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You are right: I apologise for this. I was not aware there were any distinction between the two.


Could you please elaborate on this matter? What is the difference?


Many thanks.
Labour laws concerning maximum working times prohibit employees against working to much, they care shit how many hours are actually in all of your contracts.

Example:

Let's say I have two contracts for 40 hours, but with both employers I have a deal where I take of half the time unpaid.

Contracts hours: 80
Working hours: 40

And nobody cares.
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Old 28.06.2020, 14:55
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Re: Working 200% for one month

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Labour laws concerning maximum working times prohibit employees against working to much, they care shit how many hours are actually in all of your contracts.

Example:

Let's say I have two contracts for 40 hours, but with both employers I have a deal where I take of half the time unpaid.

Contracts hours: 80
Working hours: 40

And nobody cares.

Interesting. So during a one-month notice period, when one works much less than usual (or not work at all) for the leaving company, one would not be breaching any employment law if he/she starts working for another employer (which is not in the same field, so no confidentiality agreement holds), as long as the actual working hours are within the law.


Thanks again for the clarification.
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