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Old 31.03.2011, 17:30
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Legal Advice: Daycare Termination

Hi Everyone,

Wondering if anyone can help me out with this question. My daughter has been going to a Kita for 3 days per week for the last month. When I registered her, I signed a contract that said I would provide 3 months notice of termination, unless there was a very good reason for termination in which case no notice will be required. The definition of 'very good reason' is not provided in the contract.

Through her time at the Kita, I have noticed that they do not feed her well. Some days she comes home having eaten very little and not having drunk any of her bottles. I spoke to the Kita leader about this and asked him to call me when she refuses to eat so that I can go straight to the Kita and see what the problem is. However, they never call. She used to sleep through the night but now she has started waking up multiple times at night wanting a bottle because she doesn't get enough to eat during the day.

I want to pull her out of the Kita but the Kita leader is telling me that in this case I would still owe them for 3 months because of the notice required.

I'm wondering if I am legally required to pay them? If they insist on the payment and I do not provide it - what will be their legal recourse and what will be the impact to me. Can I lose my B Permit because of this conflict?

Thanks!
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Old 31.03.2011, 17:33
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Re: Legal Advice: Daycare Termination

Document the times you have spoken to them face to face and, if you feel it appropriate, write to the management to get them involved if you aren't getting to a satisfactory conclusion quickly.

If you document your case you are more likely to be able to pull her out without notice. Not feeding your child is definitely grounds for pulling her out straight away.

Can't see how protecting your child would have any bearing on your permit status
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Old 31.03.2011, 17:35
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Re: Legal Advice: Daycare Termination

How old is your child ?

That will put a lot of what you are describing in context...whether your complaint is reasonable...Have you put your concerns in writing - what is your plan for moving your child ?

Basically, the first step is to try to deal with the issues. At the same time, you could put in your 3 month notice. If you are able to pull your child out, and they have someone else to take the place, then I'd negotiate for a discount but from experience it takes a good month or more to settle in a new child, and since your child has been only going for 1 month, some of what you are describing could just be very normal for the settling in process.

If your child is between 6-12 months, then it's very typical for them to change their sleeping and eating pattern, and to become a lot more fussy - regardless of whether they are in childcare or not...
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Old 31.03.2011, 17:36
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Re: Legal Advice: Daycare Termination

If disputed, "Very good reason" can only be determined by a Court of Law. Evidence then applies. Can you prove your case , can you prove how much they feed her ? What is your evidence ?

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Hi Everyone,

Wondering if anyone can help me out with this question. My daughter has been going to a Kita for 3 days per week for the last month. When I registered her, I signed a contract that said I would provide 3 months notice of termination, unless there was a very good reason for termination in which case no notice will be required. The definition of 'very good reason' is not provided in the contract.

Through her time at the Kita, I have noticed that they do not feed her well. Some days she comes home having eaten very little and not having drunk any of her bottles. I spoke to the Kita leader about this and asked him to call me when she refuses to eat so that I can go straight to the Kita and see what the problem is. However, they never call. She used to sleep through the night but now she has started waking up multiple times at night wanting a bottle because she doesn't get enough to eat during the day.

I want to pull her out of the Kita but the Kita leader is telling me that in this case I would still owe them for 3 months because of the notice required.

I'm wondering if I am legally required to pay them? If they insist on the payment and I do not provide it - what will be their legal recourse and what will be the impact to me. Can I lose my B Permit because of this conflict?

Thanks!
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Old 31.03.2011, 18:21
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Re: Legal Advice: Daycare Termination

I would argue that not eating is actually a very good reason, especially if it concerns you and you have tried to rectify the situation to no avail. It is true that young babies often show their discomfort in a new situation by refusing to eat, but it is also true that the Kita should be able to work with the parents in order to work out a solution.

Having said this, I agree with SwissPea that one month isn't very long, especially since your daughter is only going three days per week. I have had two babies go into Kita in Switzerland, at four and five months, starting three days per week. They both have had intermittent problems sleeping (one is now two years and the other is 8 months) from four months to about one year, and I agree that this is normal and may not have to do with the krippe. They also had times when I thought they weren't eating enough, especially when they were doing new things (walking, talking) or when they were ill (like all winter long!)

So, I would try to work with the Kita to find a solution that works, and insist that they call. Remind the people with whom you drop off your daughter-often times the information doesn't get passed around because they're busy. And try to keep them on your side-present this as a problem with your daughter, not with them.

If this doesn't work, make sure you've been keeping notes and, yes, follow your gut and do whatever you need to do to protect your daughter. The worst thing that happens is that you are sued for the three months-which you can either pay or fight in court (though this could be expensive if you're not insured for being sued).
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Old 31.03.2011, 18:24
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Re: Legal Advice: Daycare Termination

You have gotten some very good advice here already: put your concerns in writing. Write to the management of the kita and explain your concerns and ask for concrete feedback and/or a meeting with the staff.

As for the legal side of things, "good reasons" are for example:
unacceptable endangerment of the child
  • by the staff (incompetence, illness, pedophilia, criminal record)
  • as a result of the facilities, infrastructure, equipment
  • because of poor hygiene.
(Source: http://www.arnoldrusch.ch/pdf/juslet...penvertrag.pdf) This is the view of legal scholars in Switzerland. There have not been many cases so there is no case law to determine how judges would rule on this issue.

This is not something that would affect your B permit. If you took your child out immediately and did not pay, the Krippe would send a bill, then a few warnings to pay and then go the route of a "Betreibung". You can read up on this on the Forum.

I think the best next step is to put your concerns in writing and deal with the management. If they are completely unresponsive and you feel your child's health is in danger then you can also inform them of this fact and that you would consider it a "good reason" that would allow you to terminate the contract with immediate effect.
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Old 31.03.2011, 22:40
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Re: Legal Advice: Daycare Termination

Thanks everyone for the advice. My daughter is 11 months old. She goes to another Kita for the other 2 days of the week and she's doing perfectly fine there - on those days she comes home well fed and that's why I don't think it is an adjustment problem.

I'll be sure to document what's happened so far and hopefully it won't get to point of having to go to court!
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