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-   -   Mass dismissal (Massenentlassung) and notice period (https://www.englishforum.ch/employment/301308-mass-dismissal-massenentlassung-notice-period.html)

Rubenslash 19.11.2020 19:17

Mass dismissal (Massenentlassung) and notice period
 
Hi,


My company will do a mass dismissal (i.e dismiss more than 10% of the workforce) due to the corona crisis. My contract mentions a 3 month notice period, is this still valid in the case of such a mass dismissal or are they not obliged to pay me anything?


Thank you!

Mullhollander 19.11.2020 20:01

Re: Mass dismissal (Massenentlassung) and notice period
 
According to the below link under "Beendigung des Arbeitsverhältnisses" (Ending of the employment relationship), the earliest the termination can occur under a mass layoff is after 30 days, except where the contract or law causes it to take effect later:

https://www.zh.ch/de/wirtschaft-arbe...iessungen.html


Then click on "Merkblatt Massenentlassungen" at bottom for source and more information.


Also, to avoid sanction days at RAV Swiss job service, you should begin searching for a job as soon as possible and document your efforts, at least 10 to 12 applications and other efforts per month.

Rubenslash 19.11.2020 20:09

Re: Mass dismissal (Massenentlassung) and notice period
 
Quote:

Originally Posted by Mullhollander (Post 3240739)
According to the below link under "Beendigung des Arbeitsverhältnisses" (Ending of the employment relationship), the earliest the termination can occur under a mass layoff is after 30 days, except where the contract or law causes it to take effect later:

https://www.zh.ch/de/wirtschaft-arbe...iessungen.html


Then click on "Merkblatt Massenentlassungen" at bottom for source and more information.


Also, to avoid sanction days at RAV Swiss job service, you should begin searching for a job as soon as possible and document your efforts, at least 10 to 12 applications and other efforts per month.

Thanks. However this is unclear to me: “ except where the contract or law causes it to take effect later:”

My contract states 3 month notice period but doesn’t mention anything about mass dismissal. So it’s still not clear to me whether the 3 month applies in this case.

Anjela 19.11.2020 21:56

Re: Mass dismissal (Massenentlassung) and notice period
 
Quote:

Originally Posted by Rubenslash (Post 3240742)
Thanks. However this is unclear to me: “ except where the contract or law causes it to take effect later:”

My contract states 3 month notice period but doesn’t mention anything about mass dismissal. So it’s still not clear to me whether the 3 month applies in this case.

Contact your local branch of UNIA, they're used to dealing with mass dismissal and will know what to do.
In cases where more than a certain percentage of jobs are involved there are different rules to those where it's just one of two people involved.

Landers 19.11.2020 22:03

Re: Mass dismissal (Massenentlassung) and notice period
 
Quote:

Originally Posted by Rubenslash (Post 3240722)
Hi,


My company will do a mass dismissal (i.e dismiss more than 10% of the workforce) due to the corona crisis. My contract mentions a 3 month notice period, is this still valid in the case of such a mass dismissal...
Thank you!


Simply, yes.


You might want to use up any accrued vacation time because if you get given some garden leave they don't have to pay you (extra) for the vacation.

bokabil 20.11.2020 09:26

Re: Mass dismissal (Massenentlassung) and notice period
 
Yes, your 3 month notice period still applies.


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