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Old 15.09.2021, 18:13
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Termination, employer withheld Salary

Hi everyone,

Brand new here so please bear with me.

I've been working for a small , family run Kita in the centre of Zurich city.
I had an accident which required A&E attention and a total of 10 days away from work.
When I returned to work I was met with a termination letter stating that I was grossly incompetent in my abilities to work . (my review had just been month before which was glowing)

I was prescribed a sick note from my doctor due to stress for 7 days. When my employer received this she responded by email that I had abandoned my workplace and therefore my termination is now immediate and that her lawyer will be in touch.

2 weeks has passed with no contact. I've not received my salary on 26th August and to add the hospital are now contacting me as my employer is refusing to sign the insurance papers for the accident and the bill will be for me personally.


I've sent a (kindly worded) registered letter advising my employer to pay the salary owed or that i will have to notify authorities but this letter hasn't been signed for or received.

The employer has fired 5 other employees in the same manner since i joined in December 2020 and all of them are still awaiting their final salary.

Have you any advice on what i should do ?
Do I speak to a lawyer or Debt collection agency?

HELP!
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Old 15.09.2021, 19:11
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Re: Termination, employer withheld Salary

https://www.gerichte-zh.ch/organisat...sauskunft.html


Rechtsauskunft des Arbeitsgerichts


Zeiten:
Montag, Mittwoch und Freitag, 08.30 Uhr bis 11.00 Uhr und 13.30 Uhr bis 16.00 Uhr
Telefonnummer:
044 248 21 00
Für wen?:
Für Auskunftssuchende zu einem Arbeitsvertrag mit Arbeitsort, Sitz der Arbeitgeberin/des Arbeitgebers oder Wohnort der Arbeitnehmerin/des Arbeitnehmers in der Stadt Zürich.
Es kann keine Auskunft betreffend öffentlich-rechtliche Anstellungsverhältnisse erteilt werden (falls Sie mit einer Verfügung angestellt worden sind, wenden Sie sich bitte an die zuständige Ombudsstelle [für die Stadt Zürich beispielsweise: Ombudsstelle der Stadt Zürich])
Es werden keine Fragen zum Sozialversicherungsrecht beantwortet (Arbeitslosenversicherung, Unfallversicherung, IV, Pensionskasse, etc.)
Nur in deutscher Sprache.
Bitte beachten Sie, dass im Falle eines hängigen Verfahrens (beim Friedensrichteramt oder beim Gericht) keine Rechtsauskunft erteilt werden darf.
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  #3  
Old 15.09.2021, 19:27
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Re: Termination, employer withheld Salary

Oh boy.

Go to the Rechtsauskunft as suggested. I would say then probably lawyer, but by the sounds of it, expect a rough fight and you might run up a legal bill that even if you win your "employer" might never pay.

Good luck.
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Old 15.09.2021, 19:57
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Re: Termination, employer withheld Salary

If you have been employed at least 12 months within the past 24 months, you are likely eligible for RAV Swiss unemployment compensation and job search support. This eligibility extends to working abroad, e.g., in your EU home country, during the past 24 months, prior to your coming to Switzerland.

RAV Zurich can offer labor law support to deal with former employers through an affilicated group called Impuls. RAV Zurich would need to refer you.

If you think you might be eligible for RAV, you should contact the local RAV office responsible for your area of residence. For 8038 it is Staffelstrasse 8, near Sihl City, or input your postal code to determine the proper RAV office at this link:

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

The below link provides information on RAV for job seekers (English):

https://www.arbeit.swiss/secoalv/en/...-schritte.html
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Old 15.09.2021, 19:57
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Re: Termination, employer withheld Salary

For the insurance issues, I wonder if your employer failed to insure you for accident insurance? Do you know which insurance company your accident insurance is ?



Have you spoken to RAV? as soon as you are unemployed, you can talk to them - they may also be able to provide some advice on the correct process to follow.


Please don't worry about the hospital situation -but don't ignore it - I would put into writing that my employer is refusing to provide the necessary documents.


And yes, the free legal advice service is the right place to contact. If you are a migrant living in Zurich then you could also contact the 'Info Dona' service which is provided by the city of zurich: https://www.stadt-zuerich.ch/sd/de/i.../infodona.html
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