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Old 31.01.2021, 18:08
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Notice of resignation end of month or "any day"??

Dear Fellows,
Hope you are well.
I work for a Swiss company in BL. I need to resign soon. Today is the 31st January.
The Company regulation says: "Notice is one month from end of month".
However, my Employment Agreement says: Notice: "As per regulation, however, on any day".
So, what do you think based on these two pieces of info: if I don't resign tonight, I need to wait till end February or in case I resign on the 8th of February, then I can go free on the 9th of March?
Big thanks! And all the best to all!
-j-
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  #2  
Old 31.01.2021, 18:23
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Re: Notice of resignation end of month or "any day"??

If you resign any day during the month of February and you have a one month notice period, you work until the 31 of March.

Tom
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Old 31.01.2021, 18:31
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Re: Notice of resignation end of month or "any day"??

Thank you Tom. My contract says in German : Kündigungsfrist: Gemäss den gesetzlichen Bestimmungen, jedoch auf jeden beliebigen Tag.

Translation: "Notice Period: As agreed per law, still, on any day"

Hmmm. What do you think?
Thanks a lot!!
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  #4  
Old 31.01.2021, 18:37
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Re: Notice of resignation end of month or "any day"??

Of course you can resign any day, you do not have to wait till the last day of the month. However, in a lot of cases, you will have to work until the end of the month of your notice period.
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Old 31.01.2021, 18:39
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Re: Notice of resignation end of month or "any day"??

You can give notice on any day of your choosing in the month.

However, your notice period is in full calendar months.

Both parties can also agree that the employment can end before the end of the notice period.
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Old 31.01.2021, 20:36
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Re: Notice of resignation end of month or "any day"??

As others have suggested, you can resign at any time, but it won't be effective until the end of the month, and then your one month's notice period will start. So if you resign on 1 February, it won't be effective until 28 February, and your last day will be 31 March.
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Old 31.01.2021, 20:36
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Re: Notice of resignation end of month or "any day"??

The law says something like X months notice, ending at the end of the month "unless otherwise stated".

X is the number of months set by law and to me the "on any day you want" would be the "otherwise stated". The law doesn't specify a date that you need to resign *on*, only *on or before*, therefore the "any day you want" wouldn't need to be said for that and can only refer to the end date. i.e. Give one month's notice on Feb 8 and finish on Mar 8 (or thereabouts - different employers calculate it differently).
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Old 31.01.2021, 20:43
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Re: Notice of resignation end of month or "any day"??

you still have a couple of hours to resign in time
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Old 31.01.2021, 20:46
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Re: Notice of resignation end of month or "any day"??

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you still have a couple of hours to resign in time
Assuming that the registered letter arrives today.

Tom
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Old 31.01.2021, 21:00
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Re: Notice of resignation end of month or "any day"??

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I need to resign soon. Today is the 31st January.
Notice, to be valid, must reach the other party by that date. If, for example, you go to work tomorrow, 1st February, and hand in a resignation letter dated 31st January, it will still not be valid from 31st January. It will, as others have said, arrive at the employer "during the course of February" so that your notice period would be the entire month of March and your last day 31st March.

General Rules for Resignation
  • Don't ever resign unless you've got the next source of income to support yourself and dependents, if any, properly sorted out and confirmed, in writing, or unless you've planned so well that you no longer need to earn money.

  • Before resigning, find out whether doing so will influence your permit to stay in the country.

  • If you are considering resigning because of a bad atmosphere, and don't yet have another job: don't.

  • If you are unwell, don't resign, but instead get sick-leave. That'll give you time to think.

  • If the employer threatens to dismiss you, that will probably be a better option, insurance-wise.

  • Don't ever resign early. Anything can happen within a month, to change the way you see this job and the next. The more so in Covid times. Check whether, several weeks from now, you might be wishing you still had this job. This, the more so, if your employer is a big company. Possible exception only if you are personally very close to the employer, as in close friends and family.

  • Resign on the second-last working day of the month. That way you make sure you don't diminish your options too early, and you ensure that the letter doesn't arrive too late.

  • Send resignations by registered mail, or hand them in at work. If you do the latter, always get a signed receipt, stating the name and title of the person who received the letter from you. If you have the option, better the Human Resources department than your line manager.
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Old 31.01.2021, 21:03
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Re: Notice of resignation end of month or "any day"??

You can resign in person, which I did from my first Swiss job after four years, BUT a) I had an impartial witness present and b) it was during normal business hours.

On a Sunday via email or phone won't cut it.

Tom
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Old 31.01.2021, 21:24
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Re: Notice of resignation end of month or "any day"??

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Assuming that the registered letter arrives today.

Tom
He can hand deliver it.
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Old 31.01.2021, 21:47
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Re: Notice of resignation end of month or "any day"??

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He can hand deliver it.
With a witness.

On a Sunday evening.

BTDT.

Tom
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Old 31.01.2021, 21:51
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Re: Notice of resignation end of month or "any day"??

Landers already pointed out that the actual text of OPs contract allows them to resign "on any day".

The law says standard notice period is one month, to the end of the following month. With this extra bit in OPs contract, the notice period is one month on any day.

So whether OP resigns today or tomorrow makes only the difference that their last day is 28 February or 1 March.
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Old 01.02.2021, 05:21
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Re: Notice of resignation end of month or "any day"??

Yes except that a resignation on a Sunday will not be valid. There is often an employee booklet that states that resignations are accepted on the last working day of the month by midday or something to the like given no one is around to accept your resignation on a Sunday.

Depending how fast you want out and in case the company is also happy to see you gone, you could call up your boss on a Sunday and resign by phone followed by an email with delivery/read report and then follow up on Monday.

OP what did you do in the end?
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Old 01.02.2021, 08:37
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Re: Notice of resignation end of month or "any day"??

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Landers already pointed out that the actual text of OPs contract allows them to resign "on any day".

The law says standard notice period is one month, to the end of the following month. With this extra bit in OPs contract, the notice period is one month on any day.

So whether OP resigns today or tomorrow makes only the difference that their last day is 28 February or 1 March.
This. Specially when we look at the German text posted:
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Thank you Tom. My contract says in German : Kündigungsfrist: Gemäss den gesetzlichen Bestimmungen, jedoch auf jeden beliebigen Tag.
The default by law is "... auf das Ende eines Monats gekündigt werden." Art 335c Abs. 1 Code of Obligations.
The "auf" date specifies the end date of the employment. The date when the contract is fully terminated. One can always resign at any time, but the contract is only terminated and given dates. The default by law it is the last day of a month.

Important: You can specify the end date of your employment in your resignation. If you do not specify one it is usually the next possible one. It can be any valable termination date in the future, and does not have to be the next best. However, once the resignation is handed in, it can not be revoked unilaterally (by one side only). Accordingly, OP can choose any date which is more than one month in the future. Like in a year.

Unless the contract says something else you can also resign verbally, by e-mail (which is not considered as "schriftlich"/"written"), by Messenger, etc.
If the contract says "schriftlich" then it means written on a paper which is physically delivered. This can be done in person, with a witness, or using registered post.
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Old 21.02.2021, 06:54
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Re: Notice of resignation end of month or "any day"??

Check your "Kündigungfrist". In some companies first 3 months you can resign and notify company 3 day prior, if you exceed 3 months than you need to notify the company 1 month before but it all comes down what you and your employer have agreed in contract
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Old 21.02.2021, 12:53
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Re: Notice of resignation end of month or "any day"??

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Dear Fellows,
Hope you are well.
I work for a Swiss company in BL. I need to resign soon. Today is the 31st January.
The Company regulation says: "Notice is one month from end of month".
However, my Employment Agreement says: Notice: "As per regulation, however, on any day".
So, what do you think based on these two pieces of info: if I don't resign tonight, I need to wait till end February or in case I resign on the 8th of February, then I can go free on the 9th of March?
Big thanks! And all the best to all!
-j-
If you want to be safe you go with Company regulation. Employment agreements are nice ..... but paper is patient as the Germans say (Papier ist geduldig).
But I guess you solved the problem by now.

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You can resign in person, which I did from my first Swiss job after four years, BUT a) I had an impartial witness present and b) it was during normal business hours.

On a Sunday via email or phone won't cut it.

Tom
You don't need a witness. Just have reception signed at handover. (Actually better than a witness).
I did that once on December 31st - what a wonderful new year's eve I had after.
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Old 21.02.2021, 13:23
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Re: Notice of resignation end of month or "any day"??

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You don't need a witness. Just have reception signed at handover.
There was nothing to sign, it was verbal.

Thus the need for a witness.

Tom
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