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Old 26.06.2020, 15:53
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Working 200% for one month

I am changing jobs and for one month I may be employed by both the old and the new company. This would amount to a level of employment of 200%. I would like to ask you:


1. Under Swiss employment law, normal working hours should be a maximum of 45 hours per week. Is this per company or per person? In other words, can an employee work more than 45 hours per week for multiple companies?


2. If the above is not allowed, what would happen to me from the legal point of view? (Assuming I am capable of working for both companies for one month.)


Many thanks.
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Old 26.06.2020, 15:59
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Re: Working 200% for one month

1. Maximum working hours are per person which is logical since they are there to protect you.

2. Fines can be handed out, and if you cause a car accident and it turns out you've been working way more than allowed you could be in a hell lot of expensive shit.

Last edited by EdwinNL; 26.06.2020 at 16:17.
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Old 26.06.2020, 16:16
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Re: Working 200% for one month

Relevant are actual hours worked. If you have two gigs at once each company must be happy with it as both can expect 100% focus.
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Old 26.06.2020, 16:27
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Re: Working 200% for one month

Quote:
1. Maximum working hours are per person which is logical since they are there to protect you.

2. Fines can be handed out, and if you cause a car accident and it turns out you've been working way more than allowed you could be in a hell lot of expensive shit.

Thank you for the specific answers.


While I appreciate the sentiment of the law in question, I disagree on "per person" being the logical interpretation: "per company" would prevent exploitment by employers and give freedom to employees to do what they want. At the same time, I am still grateful that the current law exists.
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Old 26.06.2020, 16:33
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Re: Working 200% for one month

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Thank you for the specific answers.


While I appreciate the sentiment of the law in question, I disagree on "per person" being the logical interpretation: "per company" would prevent exploitment by employers and give freedom to employees to do what they want. At the same time, I am still grateful that the current law exists.
No, the logical interpretation is per person. That prevents exploitment and makes sure you do not work too many hours. If it were per company you could take on 3 jobs or whatever and end up causing yourself physical issues
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Old 26.06.2020, 16:37
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Re: Working 200% for one month

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No, the logical interpretation is per person. That prevents exploitment and makes sure you do not work too many hours. If it were per company you could take on 3 jobs or whatever and end up causing yourself physical issues
Well, it's actually per person per company
If I want to work 24 hours a day, I can. I will not be fined for that. It could be done like having a 100% job, telling the company you build websites for clients on the side and - as an unmentioned hobby - you're a carpenter, building special furniture you sell.

The point is what aSitUS wrote: Each company will have to be a) informed about the other jobs and b) must agree to it. They never will though at 100% each job. Problem solved.
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Old 26.06.2020, 16:41
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Re: Working 200% for one month

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Well, it's actually per person per company
If I want to work 24 hours a day, I can. I will not be fined for that.

The point is what aSitUS wrote: Each company will have to be a) informed about the other jobs and b) must agree to it. They never will though at 100% each job. Problem solved.

Interesting: so it is really per company.


Are you sure that each company has to be informed by Swiss law? Because I went through the employment conditions of my current company and, if I understood their policy correctly, this seems compulsory only if the other company is a competitor. Especially in my situation, when I would be in their notice period.


Thanks again.
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Old 26.06.2020, 16:46
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Re: Working 200% for one month

I've heard people talk about this before and I think it is not ok. The reasons that i've heard have to do not only with work time but also with the various things that are taken out of your salary... such as accident insurance, unemployment insurance, pension funds and whatever else.

If you absolutely need to do this, I would highly recomend speaking quickly with a swiss employement lawyer and checking exactly what you need to do to make sure you don't get into trouble.
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Old 26.06.2020, 16:53
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Re: Working 200% for one month

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I've heard people talk about this before and I think it is not ok. The reasons that i've heard have to do not only with work time but also with the various things that are taken out of your salary... such as accident insurance, unemployment insurance, pension funds and whatever else.

If you absolutely need to do this, I would highly recomend speaking quickly with a swiss employement lawyer and checking exactly what you need to do to make sure you don't get into trouble.

Thank you. I think I will try to delay the start of the other contract by one month.
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Old 26.06.2020, 16:57
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Re: Working 200% for one month

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Thank you for the specific answers.


While I appreciate the sentiment of the law in question, I disagree on "per person" being the logical interpretation: "per company" would prevent exploitment by employers and give freedom to employees to do what they want. At the same time, I am still grateful that the current law exists.
So I just register 3 companies, give you 3 contracts and tell you that you now have to work 120 hours a week and else you can take a hike....
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Old 26.06.2020, 17:00
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Re: Working 200% for one month

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Well, it's actually per person per company
If I want to work 24 hours a day, I can. I will not be fined for that. It could be done like having a 100% job, telling the company you build websites for clients on the side and - as an unmentioned hobby - you're a carpenter, building special furniture you sell.

The point is what aSitUS wrote: Each company will have to be a) informed about the other jobs and b) must agree to it. They never will though at 100% each job. Problem solved.
Sorry but this is total nonsense.

All those rules about having hours off after a shift, breaks etc.. apply to the person and this in total disregard of the amount of companies and contracts.
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Old 26.06.2020, 17:07
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Re: Working 200% for one month

Yes, other jobs must be mentioned. Again I appoint you to aSwissintheUS' post.

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Thank you. I think I will try to delay the start of the other contract by one month.
That is the perfect solution.
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Old 26.06.2020, 17:20
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Re: Working 200% for one month

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Sorry but this is total nonsense.

All those rules about having hours off after a shift, breaks etc.. apply to the person and this in total disregard of the amount of companies and contracts.

Ok, but now I am quite curious: is it really per person or per company? Without any other considerations.
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Old 26.06.2020, 17:25
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Re: Working 200% for one month

It is per person.

Here from the State Secretariat for Economic Affairs SECO itself.
https://www.seco.admin.ch/seco/de/ho...aeftigung.html
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Old 26.06.2020, 17:26
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Re: Working 200% for one month

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It is per person.

Here from the State Secretariat for Economic Affairs SECO itself.
https://www.seco.admin.ch/seco/de/ho...aeftigung.html

Nice, thank you! This really answers it.
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Old 26.06.2020, 17:35
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Re: Working 200% for one month

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It is per person.

Here from the State Secretariat for Economic Affairs SECO itself.
https://www.seco.admin.ch/seco/de/ho...aeftigung.html
It is when employed. What ever work you do as an unemployed is up to you.

It is totally legal for us to work ourselves to death. It is illegal to work someone else to death.
So while EXIT costs Fr. 6000.00 (if you're not a member), when working yourself to death you leave wealthy heirs. And the choice is yours.
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Old 26.06.2020, 17:44
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Re: Working 200% for one month

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It is when employed. What ever work you do as an unemployed is up to you.

It is totally legal for us to work ourselves to death. It is illegal to work someone else to death.
So while EXIT costs Fr. 6000.00 (if you're not a member), when working yourself to death you leave wealthy heirs. And the choice is yours.
Next thing you tell us that labour laws do not apply to the unemployed...
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Old 26.06.2020, 18:04
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Re: Working 200% for one month

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Next thing you tell us that labour laws do not apply to the unemployed...
I already did exactly that.

Except you claim unemployment money - yet that again is a totally different law.
There are also exceptions for independent taxi-drivers (not to protect the driver but the passengers), handling heavy machinery in public places etc.

TIS
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Old 26.06.2020, 19:00
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Re: Working 200% for one month

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Next thing you tell us that labour laws do not apply to the unemployed...

No, but for people that are non-employees, like owners of the company.
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Old 26.06.2020, 19:28
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Re: Working 200% for one month

Sarcasm on the web has again been proven to not work.
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