Go Back   English Forum Switzerland > Help & tips > Employment  
Reply
 
Thread Tools Display Modes
  #1  
Old 01.10.2020, 17:15
Newbie
 
Join Date: Jan 2020
Location: Bern
Posts: 9
Groaned at 0 Times in 0 Posts
Thanked 18 Times in 5 Posts
Regina has no particular reputation at present
My boss calls me constantly every day that I am free.

Hi everyone. I am having a problem with my company and would like to give as much detail as possible to make sure I am doing the right thing.

I have an 80% fix contract with a fast food restaurant. The work schedules are sent every two weeks and they specify which days I work and which days I will have free that week.

The problem I am having is that every day that I have free, they call me from my restaurant to go to work overtime (normally 6 to 8 hours), and they even call me almost every day that I have to work, to ask me to start working hours earlier (For example, if on a day that I have to go to I start work at 12 in the morning, they call me at 7 AM to start work at 9).

This situation is causing me a lot of stress, since I am not able to stop thinking about work in my free time (or making any plans without feeling blame), so I have decided to turn off my phone in my free time and days off.

I would like to know if there could be a negative consequence, or be grounds for termination of my contract, that I do not answer my employer's calls on my day off or hours before my work shift begins.

I have tried to find information on workers' rights in the hospitality and restaurant sector, but have not found anything related.

My contract does not specify anything, nor do I receive a bonus for availability on my payroll.

Am I entitled to not answer calls on my day off? Can I refuse to work overtime if I am offered it?

Thank you and sorry if my english is not perfect : )
Reply With Quote
The following 9 users would like to thank Regina for this useful post:
  #2  
Old 01.10.2020, 17:40
Forum Veteran
 
Join Date: Dec 2012
Location: Aargau
Posts: 2,490
Groaned at 11 Times in 10 Posts
Thanked 3,386 Times in 1,518 Posts
Mullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond reputeMullhollander has a reputation beyond repute
Re: My boss calls me constantly every day that I am free.

As a fast-food employee, I would expect that you are working under a GAV (General Work Contract) for the gastro industry. This brochure covers employee rights under the GAV. For more information on Ruhetage (days off), please see Art. 16 on p. 18 (German):

https://l-gav.ch/fileadmin/downloads...re_DE_2017.pdf

Best of luck to you!


Edit: These are links to the brochure in F and I:

https://l-gav.ch/fileadmin/downloads...re_FR_2017.pdf

https://l-gav.ch/fileadmin/downloads...re_IT_2017.pdf
Reply With Quote
The following 10 users would like to thank Mullhollander for this useful post:
  #3  
Old 01.10.2020, 17:47
Forum Legend
 
Join Date: Mar 2009
Location: Zurich
Posts: 12,464
Groaned at 955 Times in 673 Posts
Thanked 17,336 Times in 6,805 Posts
Chuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond repute
Re: My boss calls me constantly every day that I am free.

Quote:
View Post
Hi everyone. I am having a problem with my company and would like to give as much detail as possible to make sure I am doing the right thing.

I have an 80% fix contract with a fast food restaurant. The work schedules are sent every two weeks and they specify which days I work and which days I will have free that week.

The problem I am having is that every day that I have free, they call me from my restaurant to go to work overtime (normally 6 to 8 hours), and they even call me almost every day that I have to work, to ask me to start working hours earlier (For example, if on a day that I have to go to I start work at 12 in the morning, they call me at 7 AM to start work at 9).

This situation is causing me a lot of stress, since I am not able to stop thinking about work in my free time (or making any plans without feeling blame), so I have decided to turn off my phone in my free time and days off.

I would like to know if there could be a negative consequence, or be grounds for termination of my contract, that I do not answer my employer's calls on my day off or hours before my work shift begins.

I have tried to find information on workers' rights in the hospitality and restaurant sector, but have not found anything related.

My contract does not specify anything, nor do I receive a bonus for availability on my payroll.

Am I entitled to not answer calls on my day off? Can I refuse to work overtime if I am offered it?

Thank you and sorry if my english is not perfect : )
Maybe you shouldn't answer any calls oh your day off if you know they are from work? Also did you TALK to your boss to tell them how this makes you feel and to ask them to stop? What did they say?
Reply With Quote
The following 2 users would like to thank Chuff for this useful post:
  #4  
Old 01.10.2020, 17:54
Junior Member
 
Join Date: Jan 2014
Location: zurich
Posts: 98
Groaned at 4 Times in 4 Posts
Thanked 78 Times in 40 Posts
ZurichLuck is considered knowledgeableZurichLuck is considered knowledgeableZurichLuck is considered knowledgeable
Re: My boss calls me constantly every day that I am free.

Quote:
View Post
Maybe you shouldn't answer any calls oh your day off if you know they are from work? Also did you TALK to your boss to tell them how this makes you feel and to ask them to stop? What did they say?
im not sure its so easy you know. you have to be careful with this sort of work, ie probably the majority of work, coz workers are pretty vulnerable. you know how that is, all the worker regs have been nixed and workers have to really pander or risk being frozen out.

also talking to your boss about being unhappy with the way he calls you isnt so easy at first, and advice i think should be taken for sure. i mean, the boss will have all the answers anyway up to and including not even really answering you so you have to have that convo on a sure a footing as possible IMO

tbh tho maybe swiss law around these jobs is better than the law when i was working such jobs in the uk. the uk, wowee, thats one helluva place to be on the wrong end of power relations.
Reply With Quote
The following 4 users would like to thank ZurichLuck for this useful post:
  #5  
Old 01.10.2020, 18:02
Junior Member
 
Join Date: Jul 2019
Location: Zurich
Posts: 70
Groaned at 5 Times in 3 Posts
Thanked 122 Times in 45 Posts
GParker has an excellent reputationGParker has an excellent reputationGParker has an excellent reputationGParker has an excellent reputation
Re: My boss calls me constantly every day that I am free.

They probably call you first every time because they know you will pick up and say yes. Stop picking up and saying yes.
Reply With Quote
The following 4 users would like to thank GParker for this useful post:
  #6  
Old 01.10.2020, 18:11
Newbie
 
Join Date: Jan 2020
Location: Bern
Posts: 9
Groaned at 0 Times in 0 Posts
Thanked 18 Times in 5 Posts
Regina has no particular reputation at present
Re: My boss calls me constantly every day that I am free.

Quote:
View Post
As a fast-food employee, I would expect that you are working under a GAV (General Work Contract) for the gastro industry. This brochure covers employee rights under the GAV. For more information on Ruhetage (days off), please see Art. 16 on p. 18 (German):

https://l-gav.ch/fileadmin/downloads...re_DE_2017.pdf

Best of luck to you!


Edit: These are links to the brochure in F and I:

https://l-gav.ch/fileadmin/downloads...re_FR_2017.pdf

https://l-gav.ch/fileadmin/downloads...re_IT_2017.pdf
Thank you, I will check this.

Quote:
View Post
Maybe you shouldn't answer any calls oh your day off if you know they are from work? Also did you TALK to your boss to tell them how this makes you feel and to ask them to stop? What did they say?
Quote:
View Post
They probably call you first every time because they know you will pick up and say yes. Stop picking up and saying yes.
I think I should clarify that I stopped taking phone calls a few weeks ago, and whenever they personally ask me if I can work on my day off I say no.

Even so, the insistence continues ... Today is my day off and I already have 6 missed calls. They have called me throughout the day, even from other numbers to see if I take it. This situation begins to seem like harassment to me. I just want to know that it is legal not to answer calls from work on my day off to continue to do so.
Reply With Quote
The following 5 users would like to thank Regina for this useful post:
  #7  
Old 01.10.2020, 18:26
Forum Legend
 
Join Date: Mar 2009
Location: Zurich
Posts: 12,464
Groaned at 955 Times in 673 Posts
Thanked 17,336 Times in 6,805 Posts
Chuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond repute
Re: My boss calls me constantly every day that I am free.

Quote:
View Post
Thank you, I will check this.





I think I should clarify that I stopped taking phone calls a few weeks ago, and whenever they personally ask me if I can work on my day off I say no.

Even so, the insistence continues ... Today is my day off and I already have 6 missed calls. They have called me throughout the day, even from other numbers to see if I take it. This situation begins to seem like harassment to me. I just want to know that it is legal not to answer calls from work on my day off to continue to do so.
Obviously it is legal not to answer calls on your day off, unless your contract specifically says you have to. You work in fast food, not the emergency services.

What you have not clarified is if you have talked to them about this and if so what did they say?
Reply With Quote
The following 2 users would like to thank Chuff for this useful post:
  #8  
Old 01.10.2020, 19:53
BasP72's Avatar
Forum Veteran
 
Join Date: Mar 2008
Location: Adliswil (close to Zurich)
Posts: 1,876
Groaned at 70 Times in 37 Posts
Thanked 1,713 Times in 815 Posts
BasP72 has a reputation beyond reputeBasP72 has a reputation beyond reputeBasP72 has a reputation beyond reputeBasP72 has a reputation beyond reputeBasP72 has a reputation beyond repute
Re: My boss calls me constantly every day that I am free.

Quote:
View Post
and if so what did they say?
We'll call you ?
Reply With Quote
The following 5 users would like to thank BasP72 for this useful post:
  #9  
Old 01.10.2020, 20:01
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 29,003
Groaned at 1,992 Times in 1,508 Posts
Thanked 34,452 Times in 16,384 Posts
st2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond repute
Re: My boss calls me constantly every day that I am free.

Try turning your phone off.

Tom
Reply With Quote
This user groans at st2lemans for this post:
  #10  
Old 01.10.2020, 20:40
Junior Member
 
Join Date: Jan 2019
Location: Belmont
Posts: 71
Groaned at 10 Times in 5 Posts
Thanked 71 Times in 20 Posts
Nocando has no particular reputation at present
Re: My boss calls me constantly every day that I am free.

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.
Reply With Quote
  #11  
Old 01.10.2020, 21:40
Newbie
 
Join Date: Jan 2020
Location: Bern
Posts: 9
Groaned at 0 Times in 0 Posts
Thanked 18 Times in 5 Posts
Regina has no particular reputation at present
Re: My boss calls me constantly every day that I am free.

Quote:
View Post
What you have not clarified is if you have talked to them about this and if so what did they say?
What they tell me is that this job requires people with flexible hours and that we all have to make sacrifices for the company.

Normally whenever I say that I cannot go there is no problem, but other times they are very insistent and ask me for a justification as to why I cannot work on my day off.

Quote:
View Post
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.
Yes, overtime is documented by computer, every day I work about an extra hour because of the workload.

Only last month I did about 60 overtime hours, since although my contract is 80%, in the weekly schedule they put me many more hours than would correspond to me and that of course they do not pay me (in theory they will give me the extra hours as free time before the end of the year).
Reply With Quote
This user would like to thank Regina for this useful post:
  #12  
Old 01.10.2020, 21:55
BasP72's Avatar
Forum Veteran
 
Join Date: Mar 2008
Location: Adliswil (close to Zurich)
Posts: 1,876
Groaned at 70 Times in 37 Posts
Thanked 1,713 Times in 815 Posts
BasP72 has a reputation beyond reputeBasP72 has a reputation beyond reputeBasP72 has a reputation beyond reputeBasP72 has a reputation beyond reputeBasP72 has a reputation beyond repute
Re: My boss calls me constantly every day that I am free.

The company is not going to change its behavior.

Do you want to keep going on like this ? If not it is best for the company to fire you, but for you not to be blamed. Start looking for a new job now.

And do what the French do. Work your hours but not a minute longer. Get fired and this hell will be over.
Reply With Quote
The following 6 users would like to thank BasP72 for this useful post:
  #13  
Old 01.10.2020, 21:59
Forum Legend
 
Join Date: Mar 2009
Location: Zurich
Posts: 12,464
Groaned at 955 Times in 673 Posts
Thanked 17,336 Times in 6,805 Posts
Chuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond repute
Re: My boss calls me constantly every day that I am free.

Quote:
View Post
What they tell me is that this job requires people with flexible hours and that we all have to make sacrifices for the company.

Normally whenever I say that I cannot go there is no problem, but other times they are very insistent and ask me for a justification as to why I cannot work on my day off.

Yes, overtime is documented by computer, every day I work about an extra hour because of the workload.

Only last month I did about 60 overtime hours, since although my contract is 80%, in the weekly schedule they put me many more hours than would correspond to me and that of course they do not pay me (in theory they will give me the extra hours as free time before the end of the year).
It is obvious that they are abusing you. Do not answer their calls when you are not working and do not work overtime during the week, just go hme when it is time to go home. If they fire you then so be it and you can go on RAV and/or find a new job.

If you are feeling confident to challenge them then also ask them to give you all of your overtime hours as time off or tell them you will see an employment lawyer for breach of contract due to too much overtime within a month.

I don't like to say things like this... but you are also partly at fault here for doing everything they tell you to and now they are taking full advvatage of your generosity and flexiblity.
Reply With Quote
This user would like to thank Chuff for this useful post:
  #14  
Old 01.10.2020, 22:02
Hausamsee's Avatar
Forum Veteran
 
Join Date: Feb 2009
Location: Lucerne
Posts: 504
Groaned at 98 Times in 49 Posts
Thanked 661 Times in 293 Posts
Hausamsee has an excellent reputationHausamsee has an excellent reputationHausamsee has an excellent reputationHausamsee has an excellent reputation
Re: My boss calls me constantly every day that I am free.

Quote:
View Post
What they tell me is that this job requires people with flexible hours and that we all have to make sacrifices for the company.

Normally whenever I say that I cannot go there is no problem, but other times they are very insistent and ask me for a justification as to why I cannot work on my day off.



Yes, overtime is documented by computer, every day I work about an extra hour because of the workload.

Only last month I did about 60 overtime hours, since although my contract is 80%, in the weekly schedule they put me many more hours than would correspond to me and that of course they do not pay me (in theory they will give me the extra hours as free time before the end of the year).
Why not ask to work on a 50% contract then you’ll end up working 80%
Reply With Quote
  #15  
Old 01.10.2020, 22:03
Hausamsee's Avatar
Forum Veteran
 
Join Date: Feb 2009
Location: Lucerne
Posts: 504
Groaned at 98 Times in 49 Posts
Thanked 661 Times in 293 Posts
Hausamsee has an excellent reputationHausamsee has an excellent reputationHausamsee has an excellent reputationHausamsee has an excellent reputation
Re: My boss calls me constantly every day that I am free.

Quote:
View Post
It is obvious that they are abusing you. Do not answer their calls when you are not working and do not work overtime during the week, just go hme when it is time to go home. If they fire you then so be it and you can go on RAV and/or find a new job.

If you are feeling confident to challenge them then also ask them to give you all of your overtime hours as time off or tell them you will see an employment lawyer for breach of contract due to too much overtime within a month.

I don't like to sy things like this... but you are also at fault here for doing everything they tell you to and now they are taking full advatage of it.
This is not good advice if she has had the contact for under a year...
Reply With Quote
  #16  
Old 01.10.2020, 22:03
Forum Legend
 
Join Date: Feb 2010
Location: CH
Posts: 9,405
Groaned at 315 Times in 258 Posts
Thanked 13,468 Times in 6,991 Posts
greenmount has a reputation beyond reputegreenmount has a reputation beyond reputegreenmount has a reputation beyond reputegreenmount has a reputation beyond reputegreenmount has a reputation beyond reputegreenmount has a reputation beyond repute
Re: My boss calls me constantly every day that I am free.

Quote:
View Post
Only last month I did about 60 overtime hours, since although my contract is 80%, in the weekly schedule they put me many more hours than would correspond to me and that of course they do not pay me (in theory they will give me the extra hours as free time before the end of the year).
Yeah, it seems they take you for granted or something. This is not a normal situation for Switzerland (it's not a normal situation period but...), I bet the "boss" is not Swiss. And I agree with the others - the more you want to please or oblige, to be "nice" and prove your worth, the more exploited you'll be. There's absolutely no reason to accept to be treated like this.

Keep looking for another job.

Btw, is it only you they treat like this or is it a common practice there?
Reply With Quote
This user would like to thank greenmount for this useful post:
  #17  
Old 02.10.2020, 16:07
Newbie
 
Join Date: Jan 2020
Location: Bern
Posts: 9
Groaned at 0 Times in 0 Posts
Thanked 18 Times in 5 Posts
Regina has no particular reputation at present
Re: My boss calls me constantly every day that I am free.

Quote:
View Post
Why not ask to work on a 50% contract then you’ll end up working 80%
I do not know if you mean it as a joke, but obviously in that case they would only pay me 50%. Right now I work more than 100% but I only receive 80% pay since that is what my contract indicates.

Quote:
View Post
Yeah, it seems they take you for granted or something. This is not a normal situation for Switzerland (it's not a normal situation period but...), I bet the "boss" is not Swiss. And I agree with the others - the more you want to please or oblige, to be "nice" and prove your worth, the more exploited you'll be. There's absolutely no reason to accept to be treated like this.

Keep looking for another job.

Btw, is it only you they treat like this or is it a common practice there?
It is common practice. Working in a restaurant you can't leave when your day is over ... You have to leave when work is done. This results in a lot of overtime even if you don't want to or have to leave.

It's not that I want to be nice, it's that it's doing that or being fired. This contract is the only one I have and the only one that allows me to keep my residence permit. And no, my boss is not Swiss.

________________________


Thanks to everyone for your replies. Today I went back to work and apparently they are mad at me. They didn't say anything about the unanswered calls (they only asked me why I couldn't answer the phone), but as a "punishment" my boss didn't say anything to me when I try to spoke to him or asked him something (like I didn´t exist), and he also gave me an extra hour when I had to go and he knew it.

This behavior 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.
Reply With Quote
The following 2 users would like to thank Regina for this useful post:
  #18  
Old 02.10.2020, 16:13
Forum Legend
 
Join Date: Feb 2010
Location: CH
Posts: 9,405
Groaned at 315 Times in 258 Posts
Thanked 13,468 Times in 6,991 Posts
greenmount has a reputation beyond reputegreenmount has a reputation beyond reputegreenmount has a reputation beyond reputegreenmount has a reputation beyond reputegreenmount has a reputation beyond reputegreenmount has a reputation beyond repute
Re: My boss calls me constantly every day that I am free.

Quote:
View Post
It is common practice. Working in a restaurant you can't leave when your day is over ... You have to leave when work is done. This results in a lot of overtime even if you don't want to or have to leave.
It's the same in many other places, what I meant was those extra-hours they required from you should have been either payed or compensated with free days. In larger companies you get a bonus, you get something..
Reply With Quote
  #19  
Old 02.10.2020, 16:48
3Wishes's Avatar
Moderately Amused
 
Join Date: Jul 2010
Location: Bern area
Posts: 10,609
Groaned at 77 Times in 74 Posts
Thanked 17,469 Times in 7,861 Posts
3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute
Re: My boss calls me constantly every day that I am free.

Quote:
View Post
I do not know if you mean it as a joke, but obviously in that case they would only pay me 50%. Right now I work more than 100% but I only receive 80% pay since that is what my contract indicates.
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.
Reply With Quote
  #20  
Old 02.10.2020, 16:49
Banned
 
Join Date: Dec 2019
Location: BaselStadt
Posts: 494
Groaned at 91 Times in 42 Posts
Thanked 974 Times in 393 Posts
CodPeace has a reputation beyond reputeCodPeace has a reputation beyond reputeCodPeace has a reputation beyond reputeCodPeace has a reputation beyond reputeCodPeace has a reputation beyond repute
Re: My boss calls me constantly every day that I am free.

Quote:
View Post
Right now I work more than 100% but I only receive 80% pay since that is what my contract indicates..
Well if you are willing to work for free, no wonder they keep calling.
Sounds like a sh1tty situation, and do you really think you'll get all that time back?
How is this restaurant job the key to your permit?
Reply With Quote
This user would like to thank CodPeace for this useful post:
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Pre-paid with Free same network calls profetas TV/internet/telephone 3 20.04.2015 11:45
Can my boss forbid me to make personal phone calls during my break time? Konuku Employment 42 08.05.2014 18:32
free calls to Singapore and USA mobiles jimmy3 TV/internet/telephone 25 25.07.2012 18:49
UK SIM receive calls for free in CH? jimdrake TV/internet/telephone 6 10.05.2012 17:03
Cablecom has a new offer with free calls sharonbill TV/internet/telephone 16 19.05.2011 16:19


All times are GMT +2. The time now is 00:53.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0