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Old 22.05.2009, 09:17
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1 month pay vs 3 months...can you help?

Hi EF people! I need your expertise!

I am currently working for a company who is about to go bankrupt. We dont know when yet but I think it will be in the next month or two at the most. I started working at the company in November 2008 on a temp contract and it was made permanent in January 2009. During this time, amendments were made to the contract that are fine, no problem. The problem is that my boss has always said that I must give three months notice if I am going to leave and he would do the same. In my contract, it only states one month. Now that the company is going bankrupt, I would like to hold him to the three months, as much as I can atleast. My question is, do you have any advice on how to approach this issue about getting the three months in writing? I do have a witness to this and she has said she will say something about this if need be. Basically, I know I might not get it but I would like to try because without, I am pretty screwed. I have not yet been working for 12 months (only 11 at the end of June!) in the past 24 months.

Thanks for your help!
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Old 22.05.2009, 09:44
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Re: 1 month pay vs 3 months...can you help?

IMHO I wouldn't want to work at a company that is going bankrupt. Get out as fast as you can and try to get paid for the time you worked.
I have been there before, and lost around 6 weeks salary in the end.
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Old 22.05.2009, 11:31
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Re: 1 month pay vs 3 months...can you help?

Oh not good at all! Do you know if there is something that states legally that they must pay me three months salary even if it is at 70%? Any advice on who I can speak with about this?
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Old 22.05.2009, 12:01
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Re: 1 month pay vs 3 months...can you help?

If the company goes bankrupt, they may not have enough money after paying taxes and suppliers to pay your salary. Any contract you have with them is worthless.
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Old 22.05.2009, 12:14
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Re: 1 month pay vs 3 months...can you help?

Ok, to my knowledge the standard in Switzerland is the following: For a permanent contract, the notice period depends on the time you worked at a company: up to one year it is often one month, two years are two months and from three to ten it is three months... I have seen huge differences in work contracts as this is one of the things you often can negotiate with an employer.

Quite frankly, your boss should be honest about that with you: It counts what is in your contract, nothing else. If he told you that he expects you to announce a termination from your side three months ahead, he either forgot that you are not that long employed or simply tried to get some extra time to find a replacement...
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Old 22.05.2009, 12:21
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Re: 1 month pay vs 3 months...can you help?

Honestly, you need to seek other work as soon as possible. If the company is going to fold you do not want to be there, seriously.

If you get something else in the meantime, I would give them one months notice. After all they are hardly likely to have either the time or the money to sue you as they are not going to be here!
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Old 22.05.2009, 14:53
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Re: 1 month pay vs 3 months...can you help?

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The problem is that my boss has always said that I must give three months notice if I am going to leave and he would do the same.
Legally speaking this doesn't sound like an verbal contract replacement with a nice handshake at the end...

He couldn't prove that in court anyway.

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up to one year it is often one month, two years are two months and from three to ten it is three months...
Two to nine years gives a two months legal minimum to both sides.
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Old 30.05.2009, 08:46
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Re: 1 month pay vs 3 months...can you help?

Just an update....my employer was surprisingly kind and changed the 1 month to three months in writing. It is all taken care of. Thanks for your help. And we did go bankrupt earlier this week so everything was done just in time
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Old 30.05.2009, 08:55
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Re: 1 month pay vs 3 months...can you help?

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Just an update....my employer was surprisingly kind and changed the 1 month to three months in writing. It is all taken care of. Thanks for your help. And we did go bankrupt earlier this week so everything was done just in time
Glad it worked out for you.
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