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-   -   Working during notice period for other employer (https://www.englishforum.ch/employment/99494-working-during-notice-period-other-employer.html)

red_conundrum 16.11.2010 13:39

Working during notice period for other employer
 
Hi EF employment experts!

Here's a couple of questions that have recently become of interest to me due to the unfortunate circumstances of a friend of mine. Can anyone be of help?

1. Is it illegal to work for two employers at the same time in Switzerland? (i.e. are you allowed to have several employers at the same time in this country?)

2. If you work for an employer during the notice period for a previous employer, does the previous employer have to know? And if not, can they find out?

So, suppose you work for company A. You resign or they fire you from company A and you get 3 months of notice period, paid, and on "garden leave" (i.e. company pays you but states that you are not to show up at the place of work).

You then get job offer for company B. Can you start work for company B while the 3 months notice period from company A is in course?

Must you tell company A that you're now working for company B?

And if you do not tell company A, can they find out somehow?

Sviz 17.11.2010 13:27

Re: Working during notice period for other employer
 
Those questions were discussed before many times. There is a chance yours will be ignored this time.

Very shortly: READ YOUR CONTRACT (of course, your friends I meant).
And then do search on this subject.

Guest 17.11.2010 13:31

Re: Working during notice period for other employer
 
There's nothing to stop you having more than one job at the same time so long as neither interferes with the other and, obviously, you're not working for a competitor.

You could have an office job in the day and do a few shifts at a pub in the evenings.

Sviz 17.11.2010 13:35

Re: Working during notice period for other employer
 
Quote:

There's nothing to stop you having more than one job at the same time so long as neither interferes with the other and, obviously, you're not working for a competitor.

You could have an office job in the day and do a few shifts at a pub in the evenings.
Be careful. First employer has to agree you work and it will not affect your work ability. Working in a pub all night every night will probably affect quality of your work during the day after a week or so.

But working during notice period - different story. You cannot have 2 salaries. Please search for this.

saraCan 17.11.2010 13:37

Re: Working during notice period for other employer
 
conflict of interests.... confidentiality agreement.. why don't you end your first contract and just do the second job? If it is a meeting or with the new employer and you are not under a contract - it could work but should be careful. usually it says that if you are under contract with another company you should announce it..

considering you mention gardening leave... I doubt you are not under the confidentiality/conflict of interest situation.

the.frollein 17.11.2010 13:38

Re: Working during notice period for other employer
 
If Company A has terminated your contract, and a severance agreement is in effect (i.e. 3 months paid "garden leave" plus possibly severance money), then often the payment of either the leave or the severance money is impacted if you start working for Company B while still officially employed by Company A. This is covered by the small print in the contract and/or the severance agreement.

How Company A would be able to find out about Company B? I don't know, but assume someone from the AHV or pension fund would probably query double payments and bring the situation to Company A's attention.

Guest 17.11.2010 13:40

Re: Working during notice period for other employer
 
Quote:

Originally Posted by Sviz (Post 1016163)
Be careful. First employer has to agree you work and it will not affect your work ability. Working in a pub all night every night will probably affect quality of your work during the day after a week or so.

But working during notice period - different story. You cannot have 2 salaries. Please search for this.

Where? I searched and just found someone asking for ideas for a second job. Nowhere did I see that you can't have two salaries during your notice period.

So you are saying you can't have an evening job in a bar alongside an office job unless the office job employer agrees to it?

I think it is more likely that he has no say in it at all UNTIL it starts to affect your performance whether you are working notice or not. Please point me to the relevant link that says otherwise, though... :rolleyes:

17.11.2010 13:47

Re: Working during notice period for other employer
 
It's down to what you've signed in the contracts for BOTH companies.

The company I work for has this in the terms and conditions of your employment. For that reason, they would not encourage someone during their notice period to work for them.

What could happen, however? Well, notice has been given so realistically, it seems to me that the only thing you risk is your reference from the former employer. Given how important that is in professional circles here, I would not do it.

Upthehatters2008 17.11.2010 15:38

Re: Working during notice period for other employer
 
It's down to what your contract states.
Your old employer can't really fire you though...

There may be some financial repercussions...

Sviz 17.11.2010 22:32

Re: Working during notice period for other employer
 
So, you badly want me to search it for you, huh? ;)

http://www.englishforum.ch/employmen...same-time.html

http://www.englishforum.ch/employmen...ob-change.html

And a very good book I would recommend to any potential or current employee in Switzerland
http://www.buch.ch/shop/home/artikel...ml#bewertungen
In this book you can find a lot about rights to tell about second job and to apply for it at all having already a 100% position.

Oh, yes... Search gave me also this thread:
http://www.englishforum.ch/employmen...eful-link.html



Quote:

Where? I searched and just found someone asking for ideas for a second job. Nowhere did I see that you can't have two salaries during your notice period.

So you are saying you can't have an evening job in a bar alongside an office job unless the office job employer agrees to it?

I think it is more likely that he has no say in it at all UNTIL it starts to affect your performance whether you are working notice or not. Please point me to the relevant link that says otherwise, though... :rolleyes:

NotAllThere 18.11.2010 10:02

Re: Working during notice period for other employer
 
I followed your links and what they all have in common is "Read the contract". Nowhere does it say you can't have two salaries. Except possibly in that book your reference.

In fact, I know people who have two employers.

So long as you haven't breached contractual terms, there isn't a problem. But most likely scenario is that you'd be in contract breach.

Anyway, I refer the OP to my comments here. If in doubt, talk to a legal expert.

Corbets 18.11.2010 10:27

Re: Working during notice period for other employer
 
In my experience, most "garden leaves" here in Switzerland include a clause stating that if other employment is begun during the notice period, while you're not working, the first employer's obligation to pay you ceases, and you have an obligation to notify the employer of such situations.

But, in this case, it really does fall to what your contract says. I've been in situations where rather than getting a termination period, I left with immediate effect and received a lump sum payment for the remainder, at which point it was ok to start working again.

Dramaticpause 18.11.2010 12:08

Re: Working during notice period for other employer
 
As previous posters have said the contract is key. A former colleague of mine just lost their job and in their termination agreement has 3 months of payments to come. This was preferred by them rather than a lump sum in the tax year but was with a clause that if they start employment before the final payment is received they have to tell their former employer who'll stop the payments.

Personally I think this is crap, as they were let go for internal restructuring decisions and not poor performance. I don't see that it is any business of the old employer what they do after their final working day!

Oh, and we all have a clause in our contracts that states all additional employment (paid or unpaid) must be agreed with the employer before starting. I don't have an issue with that.

Sviz 18.11.2010 14:22

Re: Working during notice period for other employer
 
Quote:

Originally Posted by NotAllThere (Post 1017009)
I followed your links and what they all have in common is "Read the contract". Nowhere does it say you can't have two salaries. Except possibly in that book your reference.

In fact, I know people who have two employers.

So long as you haven't breached contractual terms, there isn't a problem. But most likely scenario is that you'd be in contract breach.

Anyway, I refer the OP to my comments here. If in doubt, talk to a legal expert.

Quote:

Originally Posted by Sviz (Post 1016151)
Those questions were discussed before many times. ---- Very shortly: READ YOUR CONTRACT.

Isn't that what I wrote about upper? Yes, all depends on the contract.
You did not belive my 3 words "read your contract" and wanted prove that others think the same? You have got links to the threads on this very forum. And now you say they have nothing different. I did not say they have anything different. I said - there were threads discussing this very topic before. That was it.

Sorry, I do not feel like to quote the whole chapter from my book and, apparently, you are not going to believe my words without links anyway. But there is common practice and court cases practice, that you can follow with more guarantee to have less troubles. You can consult a lawyer or read books lawyers wrote on the matter (in my book - page 120 (6th edition)). Good luck with having 2 employers, but remember, that Ignorance is no excuse


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