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Old 22.10.2020, 18:04
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New contract or modification of existing contract with new salary

Hello everyone,

I'm working as a chef at a restaurant on an indefinite contract. The contract starts from 1/4/2019.

Since the employer wants to change the salary and the working hours, they make a new contract with the updated salary and working hours. However, in the new contract, they also change the starting date to a new one, let's say 1/10/2020.

This is a little bit shady as with the new starting date, I will be officially working with them for only 22days as of today. My question is is it normal practice? Should I ask for a modification (an addendum?) of an existing contract not a completely new one? I haven't signed the new contract though.

Thanks in advance.
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Old 22.10.2020, 18:17
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Re: New contract or modification of existing contract with new salary

I can only speak for my experience, which is that this sort of change has been done as a contract amendment and not a completely new contract.

I don't think this makes any difference to e.g. length of employment, since it's clear it's just an amendment of working hours, but I'm not legally certain.
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Old 22.10.2020, 22:29
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Re: New contract or modification of existing contract with new salary

Should be an amendment only.

Does the new contract have a new probation period or different notice period?
Does it refer all together to the old contract?
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Old 23.10.2020, 00:53
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Re: New contract or modification of existing contract with new salary

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Hello everyone,

I'm working as a chef at a restaurant on an indefinite contract. The contract starts from 1/4/2019.

Since the employer wants to change the salary and the working hours, they make a new contract with the updated salary and working hours. However, in the new contract, they also change the starting date to a new one, let's say 1/10/2020.

This is a little bit shady as with the new starting date, I will be officially working with them for only 22days as of today. My question is is it normal practice? Should I ask for a modification (an addendum?) of an existing contract not a completely new one? I haven't signed the new contract though.

Thanks in advance.

You started working on 1/4/2019, now the employer gives you a new contract but the start date of that contract is back-dated a little bit and is 1/10/2020. You're worried that it makes it look like you've only worked for that employer for 22 days.
If everything otherwise up to this point has been in order then I wouldn't worry,. You have the original contract and the new contract will simply supercede it. You can choose to take the new contract or refuse and stay on the old contract. For Swiss administration purposes the original start date will apply. Everything like probation period etc should have 1/4/2019 as the reference date.



This is pretty much how it's been for me and many working as a contractor through a payroll company except that the new contracts simply have a line "Original start date x.x.xxxx". They were always new but identical contracts with the only changes being the date and the rate.
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Old 27.10.2020, 23:00
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Re: New contract or modification of existing contract with new salary

Assuming the new document is a contract change note/addendum it will usually have an effective date where its validity commences.

Does the document state on it that all other terms and conditions (not otherwise amended in the new document) in the original employment contract still apply?

If so, everything else is likely unaffected. It's impossible to guess sight unseen.

Are you otherwise in agreement with the changes?

Have you called your Rechtsschutz/Legal liability coverage provider for professional advice?
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