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Old 11.01.2010, 19:18
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Notice Period

Parttime job, not really requiring experience or qualifications - with a notice period of 1 month for the first year, 2 months for the second year and then 3 for the third and subsequent years.

Seems overkill to me.

Contracts are of course always negotiable, but I'd be interest in any comments?
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Old 11.01.2010, 19:30
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Re: Notice Period

The 1, 2, 3 month notice periods is very similar to other positions I've seen.

Typically, your notice period jumps from 1 month to 2 months at the conclusion of your 13th month of employment, and then from 2 to 3 at the 25th month of employment.

At least it is the case for me.
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Old 11.01.2010, 19:39
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Re: Notice Period

Not sure what you mean "overkill".
By the law, after the probation period (when 7 days of notice are required) of 1 to 3 months, one enter a "non-determined" contract, so at-will. The minimal notice period then is one month for the first year, two until 10 years, 3 months after.

Most of the time, contracts up it a bit, planning a notice of 3 months from the inception.
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Old 11.01.2010, 19:55
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Re: Notice Period

According to swiss law the following applies (http://www.arbeits-recht.ch/beendigu...iche-kundigung)
  • During probation period: Seven days from the end of the week (Art. 335b Abs. 1 OR)
  • During the first service year: One month (Art. 335c Abs. 1 OR)
  • From second to ninth service year: Two months (Art. 335c Abs. 1 OR)
  • From the tenth service year: Three months (Art. 335c Abs. 1 OR)
However, it goes on to say:
"Der gesetzliche Kündigungstermin ist grundsätzlich das Ende eines Monats. Eine allfällige vertragliche Änderung der Fristen bedarf einer schriftlichen Abrede."

I'm not sure if this last sentence allows the employment contract to vary these conditions.
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Old 11.01.2010, 20:37
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Re: Notice Period

Maybe NotAllThere was wondering what our thoughts are emotionally, not from a legal perspective?

I think 3 months is unreasonable, regardless of what the job is. Worked through one 3 month period myself... What impresses me is that, in the case people are told to work the full notice period they do so conscientiously up to the 90th day, at least at my company.

On the other hand, for those who lose their job 3 month is 3 salaries for them...
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Old 12.01.2010, 10:36
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Re: Notice Period

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According to swiss law the following applies (http://www.arbeits-recht.ch/beendigu...iche-kundigung)
  • During probation period: Seven days from the end of the week (Art. 335b Abs. 1 OR)
  • During the first service year: One month (Art. 335c Abs. 1 OR)
  • From second to ninth service year: Two months (Art. 335c Abs. 1 OR)
  • From the tenth service year: Three months (Art. 335c Abs. 1 OR)
However, it goes on to say:
"Der gesetzliche Kündigungstermin ist grundsätzlich das Ende eines Monats. Eine allfällige vertragliche Änderung der Fristen bedarf einer schriftlichen Abrede."

I'm not sure if this last sentence allows the employment contract to vary these conditions.
Unless otherwise agreed. There is no definate Swiss law governing contracts. If nothing is specified then it is as you state, however other terms and conditions can be specified in the contract which are fully legal and binding.

Remember, it's takes 2 people to sign a contract, buyer & seller, employer and employee.....
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Old 12.01.2010, 10:59
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Re: Notice Period

NotAllThere:

From a UK perspective, it "feels" a long time. However, from what I've seen and experienced, companies here are much more willing to wait longer when you join them - on changing jobs, there is more of an expectation that the new employer will be waiting 3 months for an employee to join.

As others have pointed out as well, it cuts both ways. The employee would also receive 3 months salary if the contract were terminated by the employer.
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Old 12.01.2010, 12:25
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Re: Notice Period

The notice period is, for most employees, the only security they have to there job as there are no severance payments e.g. in Switzerland. And remember, the notice period is for both sides. I have seen many here on the forum that think that the notice period is only for the employee and not for the employer (whom they assume have longer periods).

Thus, it is most reasonable to me. I actually recommend everybody to negotiate a contract with as long a notice period as possible.
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Old 12.01.2010, 15:30
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Re: Notice Period

Thanks for the responses. When I saw the contract, I was a bit surprised, as I'd only expect a three month notice period for "degree level" positions, not for "menial" work. ( Just using those phrases to indicate the type of work, not the worth of the work, nor the worth of the people doing that work ).

It is not a big issue, just a surprise.

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... I have seen many here on the forum that think that the notice period is only for the employee and not for the employer (whom they assume have longer periods)...
In the UK, it's almost impossible to enforce notice periods beyond the payment period. ( It falls foul of anti-slavery laws - you can't make someone work ). Within the payment period, the employer can either let you go (and not pay you), or pay you and prevent you taking up the new job - but they can't make you go into work, so may be forced to give you "gardening leave". If they go down the gardening leave route and you go to work for the other place immediately, they can only sue you for their costs in replacing you within the notice period. The only exception is if you're going to the competition and could unfairly use your knowledge against your original employer. And even then it's very difficult for the employer to win. Most employers in the UK rely on people's ignorance, or sense of playing fair.
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