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Old 21.05.2006, 18:09
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Restructuring

Newbie post, hope this is not in the archive somewhere.

Some very knowledgeable people here in the realms of Swiss labour laws, any help/info on our situation would be greatly appreciated.

Hubby is Project manager and deputy (although the deputy part is not in his contract). Company is restructuring and laying off a relatively large no of people. Returning from holiday he is informed that the new structure will move him from having direct report to director, and part of the management team/deputy, to being ordinary proj. Mgr within an existing team being expanded. Hubby say's no way, requested that he join the pool of people being let go, and is then offered position as team leader for a small team of 3 (subteam within the team - reporting to the team leader not director.) He has 2 days to decide if he wants the team lead otherwise he will stay as proj.mgr. Contract has not been altered or negotiated. No pay change.
Is this legal?? Can they change his job functions and position in the organisation to the point where it is really a demotion without a change of contract? Does he have any legal options? What are the pitfalls of resigning?

Oh, the joys of being in Switzerland...
Thanks for any help
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Old 22.05.2006, 07:57
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Re: Restructuring

Hi Pixie,

This message, while a complaint, is more a request for help and therefore should go into the help section, not the complaints corner. I will move it now.

With regards to your question, I'm not an expert in this field, but my limited knowledge says that a company can usually restructure as they see fit. The main point is that your husband didn't get a drop in pay along with his reduced responsibilities did he? If he were to get a pay cut then I would think that he would be given a new contract, and he would have to be paid at the old rate for the notice period of his contract (probably three months).

Another thing I'd like to point out - this isn't a "Swiss thing". The same thing could have happened to him in any company anywhere in the world, and it does happen, to many people, every single day!

If he requested to be let go, then he obviously doesn't want to stay at this company, so if you look on the bright side he can continue to get paid (in a different role) while he looks for another job.
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Old 22.05.2006, 16:25
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Re: Restructuring

Hi Mark,

Thanks for your insights, well appreciated.
Iíve done some deeper digging and it seems that you are right, must just be me being too Danish, there such situations would most likely go straight to the union unless the employee has a past record of not performing adequately. Which is not the case here.

My remark on being in Switzerland was more of a comment on being an expat family faced with loosing the only income, in a country with bureaucracy difficult to navigate in for a foreigner without too much German and no Swiss German, cause as you say these things do happen all the time and everywhere.

Sorry for the rant, I am just good old-fashioned shocked.
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Old 22.05.2006, 17:31
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Re: Restructuring

Look on the bright side - at least if he gets fired you'll be getting 80% of his salary for a very long time. While this is something you get in Denmark, there are many countries where being unemployed is a very serious thing because you DON'T get 80% of your salary!

That's not to say that being unemployed is all roses, I'm just saying that it isn't as bad as one might think when you don't have to think about getting chucked out of your apartment or selling your house. So look on the bright side
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Old 22.05.2006, 17:48
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Re: Restructuring

Actually if you earn more than 80K CHF pro annum, you are entitled to 70% of your last salary for 400 days (those are business days) as unemployment benefit. One must have contributed to the AHV 1 and 2 for 12 uninterrupted months.
Still good if compared to other countries (in Brazil for instance the highest pay is 300 CHF for only 4 months).

Cheerio,
Raquel
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Old 22.05.2006, 19:18
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Re: Restructuring

As I understood it, if you are married the number is 80%, singles are 70%. Or does it work differently?
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Old 22.05.2006, 19:36
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Re: Restructuring

Quote:
As I understood it, if you are married the number is 80%, singles are 70%. Or does it work differently?
80% I think depends more on if you have rug-rats or not.
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Old 22.05.2006, 19:46
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Re: Restructuring

About the 80% of your last salary if being married I am not sure. It may be though.
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