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Old 01.12.2020, 20:22
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Notice period

Hello,

I'm leaving my job at a restaurant. The contract says the notice period is one month.

I informed my employer today (1/12) of my leaving as I want to leave at the end of this month (31/12). However, she said that I need to work until the end of January.

Any advice would be appreciated! Thanks.
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Old 01.12.2020, 20:29
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Re: Notice period

You should have resigned by November 30 to be able to leave at the end of December.

Ask your employer again, maybe they are willing to let you go earlier?
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Old 01.12.2020, 20:34
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Re: Notice period

Yes, your employer is right. Notice is measured in full calendar months, and the notice must be received by the employer before the notice month begins.

Last edited by doropfiz; 01.12.2020 at 22:46. Reason: typo
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Old 01.12.2020, 20:53
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Re: Notice period

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You should have resigned by November 30 to be able to leave at the end of December.

Ask your employer again, maybe they are willing to let you go earlier?
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Yey, your employer is right. Notice is measured in full calendar months, and the notice must be received by the employer before the notice month begins.

Thanks. She doesn't want to let me go earlier. That's the problem. I guess I need to work until Jan then.
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Old 01.12.2020, 22:11
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Re: Notice period

Does the contract (and all the employment conditions etc) actually only say one month?

I wouldn't kick up a fuss because you still want a decent reference and so on, but the contract should say something like "and can take effect only at the end of the month".

In any case you'd still be slightly wrong, your exit date would be 1st January.
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Old 01.12.2020, 22:49
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Re: Notice period

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I wouldn't kick up a fuss because you still want a decent reference and so on, but the contract should say something like "and can take effect only at the end of the month".
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"Auf das Monatsende" is not only a standard wording but also the default by law. Art. 335c Code of obligations

It is a restaurant job we can also look into the L-GAV/CCNT : https://l-gav.ch/fr/convention-actue...delai-de-conge
It conveniently also specifies that the resignation must be in reach of the employer within the prescribed notice period..
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