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Old 13.07.2006, 18:23
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Anderungskundigung (change of working conditions)

Some of you may remember a long thread involving Litespeed back in May and the issue he had about leaving his then employer and the terms etc..

By the way, Litespeed, if you read this I hope all is fine and that things have worked out for you.

This is a similar subject. It's not that anything's happened yet but I get the feeling it may and I'd like to understand my rights. I may not exercise those rights of course. Then again, the previous thread showed just how dubious some companies here seem to be.

Like a lot of places, my working conditions are goverened by two main documents. One is the formal contract. The other is a set of other working regulations.

The regulations contain some elements which are very important to me (like flexi-time etc..) but indications are the company intends to change at least one of them.

I am lucky in that the formal contract provides redundancy provisions a little above the Swiss bare minimum. If any of the important regulations are changed and I don't agree to the change, I want to be sure that they would be obliged to pay out the redundancy.

My current understanding is that if I don't agree to the new regulations, they could offer me an Anderungskundigung, (formally offering another contract?). Again, my understanding is I don't have to accept that, in which case the original employment contract is terminated.

Am I correct then, that the termination of the original contract amounts to redundancy and not some other form of termination, (like termination under mutual consent)?

Put differently, is there any way they could avoid paying the redundancy?

Any help would be much appreciated and I anticipate / hope the answer is a simple. one
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Old 13.07.2006, 19:03
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Re: Anderungskundigung

Hey Pedigreeman,

Sorry to hear about your situation, I know how you feel. Unfortunately I am not really au fait with the type of situation that you are in, but as far as I am aware if you don't accept the conditions then your contract is terminated from their side, and not a mutual agreement.

To be sure, there should be numerous sources for legal advice nearby (or at least in the main city of your canton. Usually unions and the Arbeitsamt offer legal advice on a no-responsibility basis).

You have just reminded me to update my thread, as the matter is still dragging on...
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