Go Back   English Forum Switzerland > Help & tips > Employment  
Reply
 
Thread Tools Display Modes
  #1  
Old 05.05.2021, 20:24
Junior Member
 
Join Date: Jan 2020
Location: bern
Posts: 74
Groaned at 2 Times in 2 Posts
Thanked 15 Times in 10 Posts
marcofbbr is considered knowledgeablemarcofbbr is considered knowledgeablemarcofbbr is considered knowledgeable
notice period payments while moving abroad

Hi,

my company is terminating my employment contract with a 3 month notice.

Do you know what happens if I leave Switzerland ? Am I still entitled to get the payments for the notice left?

What happens if I find a job abroad and I cancel my registration in CH? Perhaps I should cancel my Swiss registration only when the notice is over? I wonder if that could cause issues with my pension given that I would have it accrued by two different companies in two different countries.
Reply With Quote
  #2  
Old 05.05.2021, 21:08
newtoswitz's Avatar
Forum Legend
 
Join Date: Jan 2010
Location: Rapperswil
Posts: 3,754
Groaned at 75 Times in 70 Posts
Thanked 4,537 Times in 2,076 Posts
newtoswitz has a reputation beyond reputenewtoswitz has a reputation beyond reputenewtoswitz has a reputation beyond reputenewtoswitz has a reputation beyond reputenewtoswitz has a reputation beyond reputenewtoswitz has a reputation beyond repute
Re: notice period payments while moving abroad

Quote:
View Post
Hi,

my company is terminating my employment contract with a 3 month notice.

Do you know what happens if I leave Switzerland ? Am I still entitled to get the payments for the notice left?

What happens if I find a job abroad and I cancel my registration in CH? Perhaps I should cancel my Swiss registration only when the notice is over? I wonder if that could cause issues with my pension given that I would have it accrued by two different companies in two different countries.
Normally termination doesn't give you the right to just leave, you may have to work your notice period or they may put you on garden leave but you are still supposed to be available.

In practice if you talk to them they may be flexible about where you are, but I'd be surprised if they were happy about you permanently leaving before the end of the contract as it would put them in a difficult situation wrt tax, pension etc. Quite likely permanently leaving Switzerland would also count as you immediately terminating the contract.

If you get another job you have to terminate the existing contract anyway before you can start the new one, that will be a condition of your employment (i.e. no working for someone else at the same time).

Pension would probably not be an issue, but tax could be a mess.
Reply With Quote
The following 2 users would like to thank newtoswitz for this useful post:
  #3  
Old 05.05.2021, 21:33
Junior Member
 
Join Date: Jan 2020
Location: bern
Posts: 74
Groaned at 2 Times in 2 Posts
Thanked 15 Times in 10 Posts
marcofbbr is considered knowledgeablemarcofbbr is considered knowledgeablemarcofbbr is considered knowledgeable
Re: notice period payments while moving abroad

Quote:
View Post
Normally termination doesn't give you the right to just leave, you may have to work your notice period or they may put you on garden leave but you are still supposed to be available.
correct, I am on garden leave but the termination letter states " exempt you from the obligation to come to work"

The big doubt is about the taxation indeed. Perhaps I can deregister from CH once the notice is over, so I will declare my CH income in CH and the income from the other country in the other country.
This is my theory based on nothing .

CH may wants tax payments for the income in the other country though. This could be regulated by the treaties against double taxation.

Yes, it could be quite difficult to predict and quite risky, but it would be a pity to lose few Swiss monthly salaries.

Last edited by marcofbbr; 05.05.2021 at 22:04.
Reply With Quote
  #4  
Old 05.05.2021, 21:37
hoover1
 
Posts: n/a
Re: notice period payments while moving abroad

Quote:
View Post
correct, I am on garden leave but the termination letter states " exempt you from the obligation to come to work"

The big doubt is about the taxation indeed. Perhaps I can deregister from CH once the notice is over, so I will declare my CH income in CH and the income from the other country in the other country.
This is my theory based on nothing .

CH may wants payments for the income in the other country though.

Yes, it could be quite difficult to predict, but it would be a pity to lose few Swiss monthly salaries.
That "exempt you from the obligation to come to work" is definition of gardening leave - mind it doesn't mean "exempt you from the work obligations".

Now you also should consider your position going forward

- you want to move to another country to find a job however you have no guaranty to get one quickly
-> consider ALV (RAV) insutrance for jobless - that entitles you to 3-months salary when searching for a job abroad and since it's based on your Swiss salary ( capped at 120k/year - 70% of it) it may be something you want to reconsider your quick departure.
- by leaving you'd close many doors as large companies normally would hire workers from abroad only when they have no other choice and you be clearly preferred candidate since you already in CH with all valid permits . This would allow you to ask for higher salary same time .

I would also say - calm down - it's natural instinct when we feel insecure to go to safe harbour and find all the 'negatives' in current situation - this will pass - there is great people and places here , great jobs and great manager/friends - take a time and find them - they come hard but last lifelong !

and .. Good luck and good night
Reply With Quote
The following 2 users would like to thank for this useful post:
  #5  
Old 05.05.2021, 21:49
Junior Member
 
Join Date: Jan 2020
Location: bern
Posts: 74
Groaned at 2 Times in 2 Posts
Thanked 15 Times in 10 Posts
marcofbbr is considered knowledgeablemarcofbbr is considered knowledgeablemarcofbbr is considered knowledgeable
Re: notice period payments while moving abroad

Quote:
View Post
That "exempt you from the obligation to come to work" is definition of gardening leave - mind it doesn't mean "exempt you from the work obligations".
Thanks, I appreciated you extra considerations. In terms of strategy I prefer to find a job as soon as possible. Waiting to find a job in CH is just a waste of time considering that I don't speak German and my profile is open on linkedIn way erlier than my termination letter.

Back to the core of my comment, perhaps I get lost in translation but if I don't have to come/report to work..... then I can do something else.

This is the full sentence if it makes any difference:
"As agreed, we have decided to exempt you from the obligation to come to work,
starting as [date] of which date you will no longer be expected to report to work "

This is another sentence that would imply that I am free to do other things:

"You are requested to inform us immediately in the event you are entitled to
compensation from a new employer during the notice period. In this case, your
new earnings would be offset against our payments"

...but again, the focus was on whether it is worth to complicate things to save some money. Apparently, it is not.
Reply With Quote
  #6  
Old 05.05.2021, 22:11
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Switzerland
Posts: 22,790
Groaned at 432 Times in 335 Posts
Thanked 17,883 Times in 10,005 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: notice period payments while moving abroad

All that means is while they don't expect you to come into the office every day, if there's something only you can do or an emergency only you can deal with they'll expect you to be available to deal with it - which you can't if you're off in another country.
Reply With Quote
This user would like to thank Medea Fleecestealer for this useful post:
  #7  
Old 05.05.2021, 22:41
hoover1
 
Posts: n/a
Re: notice period payments while moving abroad

probably 3/4 people on this forum speak no German and possibly same amount works on IT (both are guesstimates) - so that is not the thing.

Linkedin is nice tool but real work doesn't come that way usually - it's more about connecting with people different way and being recognised for your achievements and hard dedication to work.

I do not know your background nor history - I see "network specialist" and just first thing I see is "swisscom" looking for some - sending application costs nothing these days .

When you fall - stand up and try again - you do not recognise character by successes but by how ones comes out of defeat .

One more thing , when I see candidate that has all the necessary skills and meets every criteria - I ask him first how long he plans to stay as there be limited opportunities to learn more - however when I see eager to learn person I believe he can grow and when I give him a chance - he may prove I was right ( and don't we all love to be right about other people ?)

Until role is customer facing where you need to use German - I'd not care less for backed engineer speaking only English - at the end of the day he can learn German , but job being done is the key criteria
Reply With Quote
  #8  
Old 06.05.2021, 00:34
Jim2007's Avatar
Forum Legend
 
Join Date: Jun 2006
Location: Kt. Bern
Posts: 5,042
Groaned at 269 Times in 210 Posts
Thanked 8,272 Times in 3,647 Posts
Jim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond repute
Re: notice period payments while moving abroad

Quote:
Back to the core of my comment, perhaps I get lost in translation but if I don't have to come/report to work..... then I can do something else.
It is very simple you must be available to go into the office during work hours if requested to do so. If they call and you canít make it in then you are in breach of your contract and they wonít be paying you.

If you want to leave, try and get them to agree to it.
Reply With Quote
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
Sublease contract for 1 year - no notice period ? or exit fees with notice period? Hlathgerth Housing in general 4 28.04.2018 15:33
Zug moving flats - notice period question randomme Housing in general 7 28.12.2016 14:09
Notice period for apartment [Kundigungsfrist]: moving out before the 3 months notice Nukles85 Housing in general 13 12.03.2015 15:22
Resignation, notice period and paying back moving costs robban Employment 8 25.10.2013 09:08
Notice period during probationary period AM1978 Employment 4 22.01.2013 21:42


All times are GMT +2. The time now is 15:57.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2022, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0