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Old 16.11.2010, 13:39
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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?

Last edited by red_conundrum; 16.11.2010 at 13:42. Reason: spellcheck
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Old 17.11.2010, 13:27
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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.

Last edited by Sviz; 17.11.2010 at 13:29. Reason: mistyped
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Old 17.11.2010, 13:31
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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.
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Old 17.11.2010, 13:35
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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.
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Old 17.11.2010, 13:40
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Re: Working during notice period for other employer

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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...
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Old 17.11.2010, 13:47
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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.
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Old 17.11.2010, 22:32
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Re: Working during notice period for other employer

So, you badly want me to search it for you, huh?

Can I have 2 work contracts at the same time ?

Urgent question about job change...

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:
Your rights at work - a useful link



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...

Last edited by Sviz; 17.11.2010 at 22:42.
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Old 17.11.2010, 13:37
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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.
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Old 17.11.2010, 13:38
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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.
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