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Old 21.10.2009, 20:52
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Can they cut his salary and what if this leads to stress leave?

My husband has recently been given a large salary cut and the employer says legally only they have to sign the letter and he does not have to sign a letter of acceptance of this cut. As his job is largely based on commission, his contract does say that if performance decreaases, they can cut his salary. Unfortunately there is no cap in the salary cut in the contract and no cap on time frame. He can go and see an employment lawyer but legally as he has signed this contract, is there anything he can do about the salary cut? He is on a fixed term contract so they will not make him redundant as if they did they would then have to legally pay him out of his contract, something of course they dont want to do. If he gives his notice, he will at this stage lose some potentially valuable shares, unless he manages to get an agreement with them on this. In the meantime, he can either show up for work, do nothing and accept the huge pay cut until he manages to find another job or he can get a letter from the doctor as has been under huge stress regarding this lately.

Does any one know about the salary cut legalities in Switzerland and also whether it would benefit him to take stress leave rather than turn up for work? I presume he would still only receive the cut salary even if he was on stress leave.

Lastly, if he did resign because of this salary cut, can he still not claim unemployment for 3 months, despite the employer effectively forcing him to resign?

Thanks a lot in advance for anyone who can help.
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