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Old 15.11.2010, 14:51
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Delayed salary payments - Permit B

Hi,

I wanted to know if there would be any negative consequences(except my own personal for the delayed monies) in terms of legal and/or immigration status if my initial salary payments were delayed a month or two.

I just got my EU-citizen Permit B, but the company I work is having some cash issues at the moment so they've suggested paying for the social charges and taxes first, then paying me the salary when they get payments from their clients in a month or two. I know this is the case and the truth.

Does anyone see any issue with this?

Thanks,
Bert
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Old 15.11.2010, 15:00
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Re: Delayed salary payments - Permit B

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Hi,

I wanted to know if there would be any negative consequences(except my own personal for the delayed monies) in terms of legal and/or immigration status if my initial salary payments were delayed a month or two.

I just got my EU-citizen Permit B, but the company I work is having some cash issues at the moment so they've suggested paying for the social charges and taxes first, then paying me the salary when they get payments from their clients in a month or two. I know this is the case and the truth.

Does anyone see any issue with this?

Thanks,
Bert
Do they also have suggestions about how you are able to afford to get to work & pay to keep a roof over your head?

I personally see a HUGE problem with this....and it is a strange question that suggests you are having to put yourself in a state of mind whereby you think it is you that will suffer by not getting paid for the work you are doing.
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Old 15.11.2010, 15:04
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Re: Delayed salary payments - Permit B

It will certainly not affect your B permit, but I find that very worrying. In your situation I would ask for an appointment with a RAV adviser, they are prepared to pay up to 50% to keep you in a job.
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Old 15.11.2010, 15:05
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Re: Delayed salary payments - Permit B

I am not sure about an EU B Permit but it might impact taxes on higher income in a month if you pay tax at source (quellensteuer). I am sure the experts here will enlighten us.
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Old 15.11.2010, 15:13
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Re: Delayed salary payments - Permit B

If a company has reached the stage where it cannot even pay its staff - who after all represent the business in some way or other to its customers and suppliers - then it is is deep trouble and unlikely to survive.

If the bank won't lend them money with interest and guarantees, why should you be expected to do the same and risk your salary without any come-backs at all?

Insist on your money and look for a new job...
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Old 15.11.2010, 15:22
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Re: Delayed salary payments - Permit B

Despite you saying that you are aware of the situation and know it to be the truth, I'd be extremely concerned about a company that is so cash strapped that it can't meet it's salary obligations until some clients have paid.

Making payments to the social and tax authorities by the month, and receiving a payslip based on what you would have received for those months, and then a month or two later receiving a lump sum would effectively make the numbers right. However I cannot comment on the legality of such a method as quellensteuer is based on what you receive in a particular month.

For me this would be an extremely abnormal and worrying situation to be in.
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Old 15.11.2010, 15:29
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Re: Delayed salary payments - Permit B

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Despite you saying that you are aware of the situation and know it to be the truth, I'd be extremely concerned about a company that is so cash strapped that it can't meet it's salary obligations until some clients have paid.

Making payments to the social and tax authorities by the month, and receiving a payslip based on what you would have received for those months, and then a month or two later receiving a lump sum would effectively make the numbers right. However I cannot comment on the legality of such a method as quellensteuer is based on what you receive in a particular month.

For me this would be an extremely abnormal and worrying situation to be in.
Wouldn't this also make it very difficult to make any legal claims for outstanding pay in the future?
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Old 15.11.2010, 15:35
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Re: Delayed salary payments - Permit B

The only advise I can think of is: "Run, Albert, run!"
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Old 15.11.2010, 15:44
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Re: Delayed salary payments - Permit B

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Wouldn't this also make it very difficult to make any legal claims for outstanding pay in the future?
That's something I can't answer. Which is why I said only that it would make the numbers look right. The question of legality and how this would affect future claims still remains.
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Old 15.11.2010, 15:45
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Re: Delayed salary payments - Permit B

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I am not sure about an EU B Permit but it might impact taxes on higher income in a month if you pay tax at source (quellensteuer). I am sure the experts here will enlighten us.
Yup indeedy - it depends on how they actually do it, rather than what they say they are doing...
  • If they do all the calculations and pay the tax on time but pay the salary due the OP later, it shouldn't be a problem (apart from the obvious one ).

  • If, however, they don't do that and end up paying more salary over fewer months once they finally do pay, it can potentially kick one into a higher tax band. The higher tax will be deducted at source, and the OP won't be seeing that overpayment refunded/credited for quite some time (assuming they're entitled to file a tax return in the first place).
    Unlike the UK, for example (where deduction calculations are made on a running-totals basis throughout the year), in CH once you get flipped into a higher tax band you stay there for the rest of that financial year.
    IIRC, it can result in the bizarre situation where (if one is just over into a higher band), one can actually have a higher take-home if one asks the boss to pay you a bit less so one drops into the band below
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Old 15.11.2010, 15:50
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Re: Delayed salary payments - Permit B

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Hi,

I wanted to know if there would be any negative consequences(except my own personal for the delayed monies) in terms of legal and/or immigration status if my initial salary payments were delayed a month or two.

I just got my EU-citizen Permit B, but the company I work is having some cash issues at the moment so they've suggested paying for the social charges and taxes first, then paying me the salary when they get payments from their clients in a month or two. I know this is the case and the truth.

Does anyone see any issue with this?

Thanks,
Bert
i would suggest to your boss that he pays you out of his pocket and that you will pay him back once you get your salary.
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  #12  
Old 15.11.2010, 15:56
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Re: Delayed salary payments - Permit B

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Yup indeedy - it depends on how they actually do it, rather than what they say they are doing...
  • If they do all the calculations and pay the tax on time but pay the salary due the OP later, it shouldn't be a problem (apart from the obvious one ).

  • If, however, they don't do that and end up paying more salary over fewer months once they finally do pay, it can potentially kick one into a higher tax band. The higher tax will be deducted at source, and the OP won't be seeing that overpayment refunded/credited for quite some time (assuming they're entitled to file a tax return in the first place).
    Unlike the UK, for example (where deduction calculations are made on a running-totals basis throughout the year), in CH once you get flipped into a higher tax band you stay there for the rest of that financial year.
    IIRC, it can result in the bizarre situation where (if one is just over into a higher band), one can actually have a higher take-home if one asks the boss to pay you a bit less so one drops into the band below
Rewind.

And the most obvious thing you can't yet see is.....once they admit they can't pay you temporarily they might as well admit they are not going to..
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Old 15.11.2010, 15:59
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Re: Delayed salary payments - Permit B

They can't even pay you CHF4000.- a month, don't take this the wrong way but you should look for another job, and speak to RAV or whichever authority, doing work for this company is not going to "pay", it's clear they're struggling, and sooner or later they will go bust, you will not see a penny in two months!

If you do stay and really believe in the company, you should get the minimum to at least pay for your rent + food + transport, you should not dip into your own pocket to pay for those!!!
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Old 15.11.2010, 16:02
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Re: Delayed salary payments - Permit B

Contact RAV, I would also contact a legal advice, I think it can be 40fr a 15min the canton can suggest list of legal help centers, try to search this site for contacts. Look for a new job, while you are at it. It looks like they are just covering their own backs..

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Old 13.02.2017, 14:24
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Re: Delayed salary payments - Permit B

I also have this problem now as I had been working in a Restaurant for 1 and half month and there is no salary credited. The boss is Swiss and just come back from China as he worked in China for 15 years.

Could anyone can tell me which legal office I can refer to as I also only have pass B in Switzerland? Would it possible that they dont wanna pay or so?

Glad if there any solution
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Old 13.02.2017, 16:47
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Re: Delayed salary payments - Permit B

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I also have this problem now as I had been working in a Restaurant for 1 and half month and there is no salary credited. The boss is Swiss and just come back from China as he worked in China for 15 years.

Could anyone can tell me which legal office I can refer to as I also only have pass B in Switzerland? Would it possible that they dont wanna pay or so?

Glad if there any solution
Your B permit is of no relevance for salary payments, see rest of the thread.

Do you have a written contract? I'm not sure I fully understand what you're saying, but I'm reading that they haven't paid anything since you started working for them? When was that exactly?
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Old 13.02.2017, 18:02
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Re: Delayed salary payments - Permit B

Thanks for you respond. I started work at 14 Dec 2016 and I had tender my resignation in 23 Dec 2016 and with 1 month notice i must compete, I worked until 31 Jan 2017.
For Dec salary, they had not paid but to borrow me some money, beginning that time I start following up my salary and payslip till now with email sent and talk to them nicely as I'm newly in Switzerland and first time job also I need the money to pay tax.
For Jan salary also, they still wanna borrow me some money but not give me full which I had rejected. I just wonder is there any legal rule I can go to by not just sending them email and answer their phone call with nonsense reason given and delay again and again.
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Old 13.02.2017, 18:06
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Re: Delayed salary payments - Permit B

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Thanks for you respond. I started work at 14 Dec 2016 and I had tender my resignation in 23 Dec 2016 and with 1 month notice i must compete, I worked until 31 Jan 2017.
For Dec salary, they had not paid but to borrow me some money, beginning that time I start following up my salary and payslip till now with email sent and talk to them nicely as I'm newly in Switzerland and first time job also I need the money to pay tax.
For Jan salary also, they still wanna borrow me some money but not give me full which I had rejected. I just wonder is there any legal rule I can go to by not just sending them email and answer their phone call with nonsense reason given and delay again and again.


Something´s amiss here. With a B permit you do not need money to pay taxes as it will be deducted from your salary.


Do you have a written contract? And bluntly asking, are you EU or non EU?
As you now seem to be out of a job, please go to the RAV, maybe they can also recommend you someone to help you getting what you are owed.
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Old 13.02.2017, 19:00
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Re: Delayed salary payments - Permit B

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And bluntly asking, are you EU or non EU?
She's non-EU according to the profile.


Sorry Elvva, I still struggle understanding the situation. First off, roegner's right, the tax is deducted from your salary, so you don't need to pay that. That can't be the challenge, really. What do you mean when you say "borrow me some money"? They gave you some but not all? Cash or on a bank account?

And I also read you started on the 14th, but then resigned about 10 days later on the 23rd, but were required to work until the end of January, is that correct? And you have not been paid at all for the 2 weeks in December and the month of January?

Again my question: do you have a written contract or anything in writing, even if just an e-mail, that confirms what salary you agreed to, as of when, what conditions etc.pp.?
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Old 13.02.2017, 19:31
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Re: Delayed salary payments - Permit B

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Despite you saying that you are aware of the situation and know it to be the truth, I'd be extremely concerned about a company that is so cash strapped that it can't meet it's salary obligations until some clients have paid.

Making payments to the social and tax authorities by the month, and receiving a payslip based on what you would have received for those months, and then a month or two later receiving a lump sum would effectively make the numbers right. However I cannot comment on the legality of such a method as quellensteuer is based on what you receive in a particular month.

For me this would be an extremely abnormal and worrying situation to be in.
Not to mention that those social charges they now tell OP they will pay during those two months are payed to the state once a year - so not every month - by the time they'll actually have to cough it up they most likely be bancrupt! So this is not a nice offer - it's a blunt lie.

roegner: The company offered to pay the taxes and the social cost but not the salary
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