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  #21  
Old 02.10.2020, 16:05
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Re: My boss calls me constantly every day that I am free.

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Right now I work more than 100% but I only receive 80% pay since that is what my contract indicates.
Wait.... so you're working overtime for no pay???

I have no words
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  #22  
Old 02.10.2020, 16:49
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Re: My boss calls me constantly every day that I am free.

You are being expoited. Noone works for free in Switzerland (it happens in other countries)
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  #23  
Old 02.10.2020, 17:31
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Re: My boss calls me constantly every day that I am free.

They are taking advantage of you, get out. Best wishes
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  #24  
Old 02.10.2020, 18:30
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Re: My boss calls me constantly every day that I am free.

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I know very little about employment law in Switzerland, but that sounds totally wrong to me. Overtime is overtime and you should be compensated, either with hours off in kind or with pay.
Not only should you be compensated but according to the GAV for Gastronomie, overtime has to be compensated at a rate of 1.25.

I see that you're in Bern OP. I worked in the restaurant/ hotel business for many years and know about the tricks some bosses do here. Feel free to contact me if you need support or want me to look at something.
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  #25  
Old 02.10.2020, 20:02
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Re: My boss calls me constantly every day that I am free.

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Wait.... so you're working overtime for no pay???

I have no words
She is not working for free, she said it's a chain restaurant and that the hours are recorded in the system so they'll have to give her time off or money to compensate at some point (most likely by leaving her home during the leave period if the contract gets terminated, which is of little usefulness compared to getting paid the hours).


It seems her boss knows he can exploit other foreigners who want to keep their permit, and he's steering clear of doing anything illegal but trying to get the flexibility that is good for him through abuse. What a dick.
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  #26  
Old 03.10.2020, 11:30
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Re: My boss calls me constantly every day that I am free.

I'd prepare a list of several excuses for why I couldn't work that day and rotate through them: 1) I'm not feeling well 2) I've made plans that I can't cancel 3) I'm out of town 4) I'm babysitting for a family member 5) I'm helping a friend move. Let's not forget the flat out NO. You're obviously a good worker or they wouldn't be calling you. You could also ask for a raise, which might also deter them. I'd also call in sick from time to time when you are scheduled to work. If you make it uncomfortable for them to call you, then you won't be called.
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  #27  
Old 03.10.2020, 12:29
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Re: My boss calls me constantly every day that I am free.

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This behaviour seems very childish to me ... I will probably request a transfer to another restaurant in the same chain so I don't have to work with this boss.
Best suggestion yet. Do this as soon as possible.
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  #28  
Old 03.10.2020, 12:33
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Re: My boss calls me constantly every day that I am free.

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I'd prepare a list of several excuses for why I couldn't work that day and rotate through them: 1) I'm not feeling well 2) I've made plans that I can't cancel 3) I'm out of town 4) I'm babysitting for a family member 5) I'm helping a friend move. Let's not forget the flat out NO. You're obviously a good worker or they wouldn't be calling you. You could also ask for a raise, which might also deter them. I'd also call in sick from time to time when you are scheduled to work. If you make it uncomfortable for them to call you, then you won't be called.
Why not just say that you've fulfilled your 80% contract and that it's your scheduled day off?

OP- AFAIK, you're entitled to be paid 125% of your normal pay for those overtime hours that have not been compensated with paid time off before the end of the year.
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  #29  
Old 03.10.2020, 13:09
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Re: My boss calls me constantly every day that I am free.

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Let's not forget the flat out NO. You're obviously a good worker or they wouldn't be calling you.
They can prove their appreciation by paying her overtime or compensating it with payed time off. Or not harassing her with calls on her days off.

Otherwise..... I can suggest OP's boss where to stick his "appreciation". In his butt.
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  #30  
Old 04.10.2020, 14:57
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Re: My boss calls me constantly every day that I am free.

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Not only should you be compensated but according to the GAV for Gastronomie, overtime has to be compensated at a rate of 1.25.

I see that you're in Bern OP. I worked in the restaurant/ hotel business for many years and know about the tricks some bosses do here. Feel free to contact me if you need support or want me to look at something.
Thank you. Right now my overtime is compensed 1:1 as my contract says, so I guess that is legal.

I have one question. I asked my boss if overtime was paid and he said no, it was only exchanged for free time. I would like to know if at the end of the year I have not spent my overtime hours, are they obliged to pay me for those hours?

Since my boss is not giving me days off and the overtime just keeps adding up. Also I think my boss is supposed to give me a document with the number of hours I have worked each month, and it has not been given to me since June, so I don't even know how many overtime I have accumulated.

Thank you.
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  #31  
Old 04.10.2020, 19:55
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Re: My boss calls me constantly every day that I am free.

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Thank you. Right now my overtime is compensed 1:1 as my contract says, so I guess that is legal.

I have one question. I asked my boss if overtime was paid and he said no, it was only exchanged for free time. I would like to know if at the end of the year I have not spent my overtime hours, are they obliged to pay me for those hours?

Since my boss is not giving me days off and the overtime just keeps adding up. Also I think my boss is supposed to give me a document with the number of hours I have worked each month, and it has not been given to me since June, so I don't even know how many overtime I have accumulated.

Thank you.

Sounds to me like your boss is breaking the rules in so many ways.


He calls you because he knows he can rely on you to do what he asks, and not cause issues.


Your job now is to cause just enough issues to get him back on the straight and narrow... but without losing his faith in your reliability.


It is possible. But your best bet is to follow your own advice and transfer to another restaurant with a more law abiding boss.


Yours could easily be closed down by the Swiss authorities anyway, if he continues his actions and gets caught.


Good luck


Kind regards


Ian
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  #32  
Old 04.10.2020, 22:41
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Re: My boss calls me constantly every day that I am free.

Hello Regina, my Swiss husband just got home and I told him your story. He said you should go to an organization that helps Non-German speaking persons in Bern.


www.Integresso.ch


and next you can go to Unia, an union for workers:



https://www.unia.ch/de/arbeitswelt/v...er-ihre-rechte


This link is only in German, sorry about that.
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  #33  
Old 05.10.2020, 00:10
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Re: My boss calls me constantly every day that I am free.

Geneva has now too many immigrants and many of them are business owners or managers and have started propagating the culture of exploitation of their countries of origin (and i stress here not all of them are same ). Swiss system isnt working here anymore, if you go to UNIA or something you will face the same problem i.e inaction and indifference. One example of this I have seen is many employers here offer only limited time contracts since they do not have to pay employees' pension etc. They work closely with the so called integration school from RAV they have many immigrants ready in queue to work for minimal conditions and minimal quality of work. In other cantons people have to go to training and stuff (and they go to 3-4 yrs of school ) before they start working in any profession eg painter, coiffure etc but here everybody can do everything since quality doesnt matter. So i do hope you raise your voice and tell them in strict words this is not banana republic.
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  #34  
Old 09.10.2020, 22:44
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Re: My boss calls me constantly every day that I am free.

You should block your employer's phone numbers or tell them to stop calling and clarify the expectation .

I know that some people act as passive victims of their employers because of personal circumstances...but this damages the other workers.

So if you can, please WAKE UP"!!!! Spend some time reading/understanding your contracts and your rights.
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Old 10.10.2020, 06:54
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Re: My boss calls me constantly every day that I am free.

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If I am not mistaken, the maximum number of overtime hours allowed is 170 per year, counted up from a 45-50 hour week.
What they are doing is illegal. It is not you who should be worried.
I trust the overtime hours are documented.
Where is this laid out in law? Can you give a reference? How does it work if you are part time?
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  #36  
Old 10.10.2020, 09:25
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Re: My boss calls me constantly every day that I am free.

The main thing is to get the situation very clear and formally documented.

Put together / demand a list of the overtime hours you've worked this year, so you can work out the total you are owed. Make sure it is correct - sounds like this place could fake the numbers.

Demand, in writing, a resolution - I would ask for X hours as payment and Y hours as time off, this gives both sides some flexibility to negotiate.

Give them a deadline to pay / complete the time off period - for payment it would be reasonable to give them one month, for time off it should be by the end of the year.

Discuss with other staff - if a large number are in the same position you have a lot more power.
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