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Old 06.07.2009, 07:26
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Work for another company during notice period

My company is restructuring and will lay off a (>10%) number of employees in a "collective lay off". As part of the expected conditions is some kind of compensation package plus an agreement that laid off employees will not have to work during their notice period but still receive their salary.

My question is on that last point, as I think I can quickly find another job, would I then be allowed to work immediately (and pocket both salaries) or would I have to wait for the end of the notice period ? (My company would, I think, be ok with that but I'm more concerned by what the labour law says)

Thanks for your help,
Alain
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Old 06.07.2009, 07:34
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Re: Work for another company during notice period

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My company is restructuring and will lay off a (>10%) number of employees in a "collective lay off". As part of the expected conditions is some kind of compensation package plus an agreement that laid off employees will not have to work during their notice period but still receive their salary.

My question is on that last point, as I think I can quickly find another job, would I then be allowed to work immediately (and pocket both salaries) or would I have to wait for the end of the notice period ? (My company would, I think, be ok with that but I'm more concerned by what the labour law says)

Thanks for your help,
Alain
I don't think there is anything stopping you. My company let lots of people go recently and, whereas they had notice period to work, they were told if they got a good offer they could got immediately.

I think the only implication would be tax and other stoppages. You'd be paying on both jobs and the extra months with two salaries might push you over the next tax bracket.
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Old 06.07.2009, 07:59
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Re: Work for another company during notice period

If you are released by your current employer and receive a financial
compensation to cover your expenses and cost of living during your search
for another job, it is just that... during your search, and for a limited time.

Once you start another job the former employer is no longer required to
pay you. The letter of dismissal should state so accordingly.

Come on, think about it... would you pay someone that is double dipping?
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Old 06.07.2009, 08:06
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Re: Work for another company during notice period

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If you are released by your current employer and receive a financial
compensation to cover your expenses and cost of living during your search
for another job, it is just that... during your search, and for a limited time.

Once you start another job the former employer is no longer required to
pay you. The letter of dismissal should state so accordingly.

Come on, think about it... would you pay someone that is double dipping?
Most contracts also state that an employee is obliged to work their notice period or, if that is not possible (such as for those employees forced to go on garden leave) the employer must still pay them until the end of their contracted notice period.

I would be more concerned with the OP getting fined by the unemployment office for passing up the opportunity of a new job offered to him in his notice period.

Any job which is turned down if you are, or intending to claim unemployment benefit is seen as a gross offence and liable to a hefty fine.
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Old 06.07.2009, 08:22
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Re: Work for another company during notice period

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Most contracts also state that an employee is obliged to work their notice period or, if that is not possible (such as for those employees forced to go on garden leave) the employer must still pay them until the end of their contracted notice period.

I would be more concerned with the OP getting fined by the unemployment office for passing up the opportunity of a new job offered to him in his notice period.

Any job which is turned down if you are, or intending to claim unemployment benefit is seen as a gross offence and liable to a hefty fine.
Exactly. The OP asks the question, we give our knowledge. It is up to
the unemployed what they make of it. Sure would be a shame to read
about an EFer getting fined, possibly even deported, for not playing the
game.

Yes, there are rules. And the players are closely watched.

I am going through this same situation right now. Someone close to me
received their dismissal. They are not required to work but will receive
financial compensation for a number of months. They reported to the
RAV right away, despite still receiving money from their ex-employer.

Once the contractural pay is over with, and still no job is found... the
situation changes drastically. The unemployed must take a job offered if
accepted... and even with a massive travel time of a couple hours per
day!
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Old 06.07.2009, 11:35
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Re: Work for another company during notice period

Here's what the Swiss Management Organisation says (PDF):

Quote:
Kann ich während der Freistellung eine andere Arbeit annehmen (Doppelverdienst)?

Ein bedingungslos freigestellter Arbeitnehmer darf vor Ablauf der Kündigungsfrist eine neue Stelle antreten, sofern die neue Tätigkeit den
alten Arbeitgeber nicht konkurrenziert. Ein Anspruch auf doppelte Lohnzahlung besteht jedoch nicht. Bis zur Beendigung des Arbeitsverhältnisses erzieltes anderweitiges Einkommen hat er sich anrechnen zu lassen. Anders verhält es sich nur dann, wenn der Arbeitgeber den auf die Kündigungsfrist entfallenden Lohn sofort pauschal auszahlt.
May I accept other work during the notice period (double earning) if released from work?

An unconditionally released employee may accept a new position before the notice period is over, if this new activity doesn't compete the old employer. There is however no entitlement to double earning. Income earned until the end of the employer/employee relationship is credited against (the old salary). The only exception is if the employer immediately pays out the whole notice period salary.
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