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Old 19.02.2023, 18:00
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Termination (invoked by the employee) according to code of obligations article 337

Hello! I am working for the Swiss subsidiary of a North American company. The top management of the North American company was recently allegedly plagued by a child prostitution scandal as widely reported by a major North American TV. Would this be a sufficient reason for me to invoke termination of the employment contract according to code of obligations article 337? https://www.fedlex.admin.ch/eli/cc/2...377/de#art_337 Thank you!

Last edited by giorgios; 19.02.2023 at 18:51.
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Old 19.02.2023, 18:03
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Re: Termination (invoked by the employee) according to code of obligations article 33

Is this a joke?
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Old 19.02.2023, 18:06
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Re: Termination (invoked by the employee) according to code of obligations article 33

Just quit, problem solved.

Tom
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Old 19.02.2023, 18:07
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Re: Termination (invoked by the employee) according to code of obligations article 33

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Is this a joke?
https://www.youtube.com/watch?v=F_LHTA95aj8
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Old 19.02.2023, 18:09
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Re: Termination (invoked by the employee) according to code of obligations article 33

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Just quit, problem solved.

Tom
What about the notice period?
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Old 19.02.2023, 18:09
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Re: Termination (invoked by the employee) according to code of obligations article 33

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Is this a joke?
Seems so.

Tom
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Old 19.02.2023, 18:10
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Re: Termination (invoked by the employee) according to code of obligations article 33

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What about the notice period?
Yes, follow the rules.

Tom
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Old 19.02.2023, 18:19
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Re: Termination (invoked by the employee) according to code of obligations article 33

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Hello! I am working for the Swiss subsidiary of a North American company. The top management of the North American company was recently plagued by a child prostitution scandal as widely reported by a major North American TV. Would this be a sufficient reason for me to invoke termination of the employment contract according to code of obligations article 337? https://www.fedlex.admin.ch/eli/cc/2...377/de#art_337 Thank you!
I don't think so because the North American company is not your employer. This Swiss subsidiary is you employer (even though owned by the American company).
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Old 19.02.2023, 18:33
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Re: Termination (invoked by the employee) according to code of obligations article 33

What do some (probably false) allegations against a member of the parent company have to do with your job?

Tom
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Old 19.02.2023, 18:42
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Re: Termination (invoked by the employee) according to code of obligations article 33

No idea what the code of obligations article 337 is, apologies
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Old 19.02.2023, 18:43
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Re: Termination (invoked by the employee) according to code of obligations article 33

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What do some (probably false) allegations against a member of the parent company have to do with your job?

Tom
For religious reasons I am not a big fan of having my name associated to the company
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Old 19.02.2023, 18:52
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Re: Termination (invoked by the employee) according to code of obligations article 33

If those provisions apply, which I’m not certain they do, then you would cease to be employed and to be paid immediately. If you serve three months notice you would continue to be paid for the notice period.

According to the article linked it says this person has a long history.

Perhaps some quiet contemplation before making irreversible decisions.
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Old 19.02.2023, 18:58
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Re: Termination (invoked by the employee) according to code of obligations article 33

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For religious reasons I am not a big fan of having my name associated to the company
OK. We do not know which company you are employed by. So let’s go on hypotheticals. Was once employed by Swiss Re. The sponsor of the project I was running at that time shook his baby to death. It disgusted me, and led me to examine my own priorities.

I quit. No idea what section of what law that was under.
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Old 19.02.2023, 19:25
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Re: Termination (invoked by the employee) according to code of obligations article 33

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For religious reasons I am not a big fan of having my name associated to the company
And I thought most religions had stuff in them about bearing false witness and forgiving sinners....

You need to get back in the real world, I very much doubt anyone that knows you will think for a minute that you are associating with this person and participating in his activities. So no need for the dramatics.

You could just walk off the job if you really wanted to. It's unlikely there will be any comeback from your employer, but there will be consequences when you go to claim unemployment benefits. And at the end of the day it will have no impact on this man, but you will be letting down the people who had confidence in you when the took you on, you manager, your team members etc. and of course breaking your word, when you signed your contract, but if your religious believes are OK with it that is alright then.

Or you could just comply with the contract you signed up, give your notice and work it out as would be expected of any ODC.
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Old 19.02.2023, 22:34
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Re: Termination (invoked by the employee) according to code of obligations article 33

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For religious reasons I am not a big fan of having my name associated to the company
Now I am intrigued, what is it, being Jewish in a pork chop factory?
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Old 19.02.2023, 23:05
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Re: Termination (invoked by the employee) according to code of obligations article 33

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And I thought most religions had stuff in them about bearing false witness and forgiving sinners....
Not really. In Islam, if you refuse to forgive someone who has hurt you, they go to hell. In Christianity, if you refuse to forgive someone who has hurt you, you go to hell.

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Hello! I am working for the Swiss subsidiary of a North American company. The top management of the North American company was recently allegedly plagued by a child prostitution scandal as widely reported by a major North American TV. Would this be a sufficient reason for me to invoke termination of the employment contract according to code of obligations article 337? https://www.fedlex.admin.ch/eli/cc/2...377/de#art_337 Thank you!
The behaviour is ALLEGED. It's isn't proven.

So just hand your notice in if you feel that accusation = guilt.
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Old 19.02.2023, 23:10
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Re: Termination (invoked by the employee) according to code of obligations article 33

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For religious reasons I am not a big fan of having my name associated to the company
Does your religion accept ‚innocent until proven‘ or does it condemn people on accusations?

Last edited by roegner; 20.02.2023 at 11:47.
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Old 20.02.2023, 11:42
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Re: Termination (invoked by the employee) according to code of obligations article 33

For anyone who missed OP's link (to the German original version), here's the extract of the law, in English (always just a courtesy version, the official Swiss languages being binding). Article 337 deals with the rules for Termination with immediate Effect, which OP is considering invoking.
https://www.fedlex.admin.ch/eli/cc/2...377/en#art_337

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I don't think so because the North American company is not your employer. This Swiss subsidiary is you employer (even though owned by the American company).
This.

OP, you can either
  1. stay on and work as you do, now and, if you ever do speak about the charges made, make it clear that you do not in any way identify with what that person is said to have done
  2. resign in terms of your contract and then respect and work during the notice period (during which you will receive your salary)
  3. state that you wish to leave immediately (in which case your obligations to the employer but also theirs to you, i.e. your salary and insurance cover, would stop immediately, too).

To do 3., however, you must have a good reason. I agree with k_and_e that what one person working for the American owner of the Swiss subsidiary does, or is alleged to have done, is hardly likely to be considered a sufficiently strong legal reason for the employer to be forced to accept your immediate termination.

While I can understand that deeds such as those that have been alleged are terrible and wholly unacceptable, I do not believe that, legally, they would be considered "close enough" to your employer (a different legal entity) and your place of work (in a different country) to directly affect your terms of employment, and for you to invoke Article 377.

Having said that, there is an option 4. You can simply ask you employer if they would agree to the contract's being ended immediately, and both sign a release document to that effect. However, if you mention that at work, but then you and your employer discuss things and you end up staying, the fact that you were ready to leave the employer abruptly and in the middle of your responsibilities will most likely hang over you, and negatively influence your reputation there, for a long time.

In any event, do not pretend. By that I mean, do not use those alleged crimes as a substitute for any real reason you might have to leave. Instead, consider your options of leaving or staying according to your own interests, your professional focus, your life's circumstances, your responsibilities to anyone who depends upon you for support, your permit situation if you leave this employer, and your goals for the future.

Last edited by doropfiz; 20.02.2023 at 12:33. Reason: adding "your responsibilities" and "your permit situation"
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Old 20.02.2023, 12:51
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Re: Termination (invoked by the employee) according to code of obligations article 33

We have a really nice thread titled "Cancel culture" which is quite appropriate for cases like this one, mods?
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