Hi Guys
I have a friend who is thinking about quitting his job, problem is the new job starts pretty soon and so he would not be respecting the usual notice period. How do you stand in Switzerland with this? Would there be a way to be released if you were to explain the circumstances to your employer? Does anybody have any experience of this?
What would be the worst that could happen if you just told them you were leaving and the day that would be your last day? Has anybody walked out on a job before? What could they do?
Many thanks

In my contract there is specified a penalty of CHF 2000 for not giving proper notice.

You could try and talk to them, and there is a good chance, they will agree, just to let you go, earlier. If you have another job, they can not force yo to come in. In my last company in scotland, they said, they would rather just agree to letting people go earlier, and then leave on good terms. They will probably do the same here, depending on how easy they can find a replacement.

Doc.

Its just not done here.
Its disrespectful, and you are likely to get a bad written reference, which is what you will need to get the next job after this one..

Oh, it can be done just fine and you can get out of "written bad notices" without any issue if you do so. Now the thing typically is that you have a clause to perform a 1, 2 or 3 month period after giving in your notice (which typically needs to be given at a specific point in time for the on going month if you don't want this period of time to be extended).

I quit a job a month ago, and whilst I would have had to perform my remaining period of time, due to the sensitive nature of my job, I was let go immediately. On top of this, I was paid the remaining months in cash plus holidays which I were unable to take, and I started a new job shortly after.

This won't impact any referrals as I did my job correctly and extremely well. The written referral from my old company was fantastic as it should have been.

Quitting hurts, and it may burn bridges, but quitting is not in my opinion the wrong thing to do. Not all companies treat you right no matter how well you do your job, and not all companies will offer you the perfect employment for building a career, thus quitting is an entirely viable option.

If your friend wants to leave his current job, he has to understand that he needs to complete his quitting period correctly if the company wants this. He can however ask to be let off without receiving payment regarding his quitting period if this faciliates the process.

Many options really, it just depends which one you choose to take.

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It really depends on the company and how "valuable" you are to them.

Most of the time, it is not done. The Swiss are normally straight by the rule book.

The catch here is "the swiss" then ?

Oh trust me, they quit jobs just as much as us non-Swiss. I've seen it with many of my friends. Now technically you just need to make sure you do it in the proper manner and perform all legal requirements (job wise) so that you don't get punished. It's not unheard of for companies to keep you just out of spite for your 3 month period...

I've known quite a few people to get "gardening leave" when there is a "mutual decision" to terminate the contract, with the condition that if they start work, the gardening leave payments cease.

The employer can prevent you working for anyone else, I believe, but it'd be difficult to insist you come into work, as the stress that would cause you would mean you'd just be signed of sick! ( And most sensible companies don't want disgruntled employees on their premises! )

If you do not respect your notice period, the employer has the overhand. EMployers can then do as they please as you are the one breaking the contract - you may loose monay and reputation at that game. It all depends on your present employer and how well you come along together. You are the vulnarable one in that case.
Therefore the experiences will differ considerably and will not necessarily relate to your present experience. You have to know your employer or get to know him on that point in a serious meeting. The risk of a legal case seems low because this is more costly than just letting you go. But the little anoying thing they can do to get back at you may be very irritating and cost you some monay. You know if it's worth it.

Basically you shouldn't give the impression you don't intend to fulfill your contractual obligations, and quit according to the notice period on your contract.

However if you ask nicely most employers in these troubled times will let you go early especially if you have 3 months to go.

The agreement after you serve notice on when you are leaving is confirmed by the retirement confirmation you get from HR shortly after quitting.

If you state in your letter you'd like to be released by date x, you may find they confirm you may in the confirmation as that is the document showing what both parties have agreed to.

Just ask. A few years ago I successfully reduced a month from my notice period. Besides they realize you'll be much more professional during a mutually agreed shorter period.

One other thing, ensure you are not ill during your notice period as this extends your notice period under the law.

The answer to your question is :-
"What would you do if your employer told you tonight was last day and would pay you no further salary"

You would go to the courts to claim what was rightly yours under your signed contract. It is very likely your employer would do the same.

Speak with thema and try to negotiate, you may strike lucky, it all depends on how critical you are to the company.

You said "thinking about quitting", so has he actually accepted and signed the contract for the new job? If so, why did he agree to start on a date before his notice period was up?

It depends on a lot of factors, one of which is, how much your friend wants to reduce the notice period. If he wants to reduce it from 3 to 2 months, he should probably raise the point with his employer. If the relationship has been good for both parties, it will likely go through.

However, if he wants to reduce the notice period to "immediate" change, he should look out for a bad reference, and possible financial repercussions.

I have seen one colleague, reduce his notice period on a job he held for 5 years, down to just over a week, with no ill financial effects. The relationship was slightly bruised, but recovered. The boss in this case, was not Swiss. Few people I've encountered end up staying the entire three months. Most usually go in the one to two month period.

I think, there is no hard "this will happen" or "that will happen". Really depends on how much time he wants to reduce it, and his relationship with his current emplyer.

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simply tell the new employer that he will try to get out early, but no guarantees. then if he can start, great, if not, new employer has to wait.