Unfortunately that is what just happened to me. I got contacted by the business owner one week before my job would have started, he told me that for business reasons they stopped all the new hires. Problem is that he refused to pay any compensation for the expenses I incurred (first month of rent plus deposit - yes, I was just relocating to Zurich), not even for the damage of losing a job within a week. He stated that according to Swiss Law, the risk of this happening is on the employee until the start of the work relationship.

I tried to have a look at the Swiss Code of Obligations but I couldn’t find any article talking about such a situation. Is someone in possess of any information that would help?

I haven’t received any form of document from the company, therefore I believe I am still legally required to go there the first day of work, but I would like to go prepared knowing my rights in a foreign country.

Thanks in advance to all who will share useful info about it!

Hi,

I'm not an expert, but no one has replied yet. So, my layman reply based on a much more typical situation: employees quitting before 1st day of work (in French). Usually employees and employers have to follow the same laws and notice periods https://www.justis.ch/fr/renseigneme...t-de-commencer

So, a employer can tell you have no work anymore before your 1st day of work in the contract. But, the employer must follow the law about the earliest legally possible termination date, and pay salary accordingly.

If nothing was agreed in your discussion for the contract, it probably follows the Swiss law minimums which are 1 month of test period and 7 days of notice period. In theory, you work for 1 week, you get notified about no job anymore and you get 1 week of payment. But, having an employee for 1 week is dumb, no one wins with this outcome. So, employer offers (in written form) to pay you 1 week to comply with the law, both parties sign, and say goodbye.

I've heard people relocating to Switzerland minimize the risk of being fired during 1st year by asking 3 or 6 months, even 1 year of minimum employment to be included in the contract terms. But, that's for very specialized people. I 'm not sure I can pull this trick for my next job switch.

I would say you can request to be paid for the notice period. As AXA says, this is by default 1 week (or longer as defined by contract). Not much, but better than nothing.

I've been on the other side of the fence, where we hired someone and they resigned before starting (because they found a better pay elsewhere I guess).


In these cases, we ask them to sign a form stating that they are not working the notice period (1 week), and as such, wont be paid for that notice period.

I would assume it goes both ways...

Just remembered something. Getting fired before 1st fay of work, may qualify as a "good reason" (juste motif in French) for an early termination of the rental contract. So, you might be able to recover this money.

This is not the law, but a discussion of the law by a university professor in French:

https://bail.ch/files/subjects/Wessner98.pdf

CO = Swiss Code of Obligations. Maybe this an alternative worth of interest. If life treats you badly, there are some previsions in the law to avoid putting you under additional unnecessary distress. Consult with a lawyer if it works or not.

Thank you all for the replies. I believe this could be also considered as wrongful termination, as a company shouldn’t have any ground to fire you the first day in lieu. I will contact a lawyer and see, and keep you updated!

You don't need a reason for termination in Switzerland.

Especially none is needed during the trial period.