Unfortunately, I don't know. That would be more of a legal matter than an insurance matter (although directly linked in this case, granted).

I could probably find out for you but you'd be quicker speaking to a lawyer directly as you have all the details of the case etc.

Back from the lolyer.

He says that my wife is entitled to the full amount owed on the contract. But if asked then she would still have to work.

Between a rock and a hard place it seems, since my wife (understandably IMO) doesn't want to go back to work in such conditions with the battle-axe.

I may see if we can come to a negotiation on amount that my wife is paid in order to terminate the contract. I think it would be the best solution for both parties.

Hard for you - but as the lawyer says, you can't have it both ways. She can't sack your wife, but your wife has to go back to work if the clinic says she is fit to do so. Really hope you can find a compromise therefore- but if your wife does not return to work, there will be some penalty financial penalty involved. The medical certificate from Scotland will be superseded by the one from the clinic here, that is for sure. I'd still go to Unia to ask for advice if I were you.

She is definitely okay to go back to work. She was back to work last Monday when she was handed her notice.

The way I look at it is that if she wants to have my wife come to work for x amount...if I say give us (x-y) and we will never deal with each other again and we can forget about it all, then both sides are happy.

If she wants my wife to come back to work then that's fine. My wife will take care of the children with the same effort which she put in before this whole debacle. But apparently my wife's employer has made arrangements to send the children for more days to nursery or something. Probably another contract that if broken will yield some penalties for her. So she'd probably be saving some money by just giving my wife the (x-y) figure.

Back from the clinic again and I'm glad to say all the wounds have closed. Just a matter of the upper level of her skin forming again. My wife is in minimal pain now. Me and Mrs. Cosmos thank everyone for their good wishes and advice in this time.

I'm glad she is now well on the way to recovery and can put it all behind her. She's probably lucky not to be working for somebody like that any more.
I don't know where you're located but if you do decide to contact UNIA and need any help with the French I'd be happy to help. I'm in Neuchatel but I have a car so would be willing to travel as long as it's not too far away.

Glad that the wounds are healing, but sounds like there's some negotiating up ahead.

What I've not seen is whether or not you have the insurance/medical costs covered. Did the lawyer clarify this too?

Don't ever sign a letter you do not want to sign or which you do not understand 100% - no matter what the other party says. Maybe it was just an acknowledgment, maybe it stated something else.

Well we are in Neuchatel as well. So it wouldn't be far at all. I will be sure to PM you if I need help with French. The receptionist at the lawyers yesterday was a right moody one

Thank you

I am not actually too bothered about the medical costs anymore. The appointment we had today was literally 5 minutes long and she said a follow up wasn't required. But if we need another appointment to call up and make one. I don't foresee any further problems however since she is healing so well

I explained this to my wife. She is very innocent though The lawyer said it doesn't make a difference though. The letter is null and not legal.

Just to keep everyone updated. I've sent an email today asking for a reduced amount to be paid to my wife in order to terminate the contract early. This way she saves money and my wife doesn't need to go back to work for the battleaxe. Let's see what she comes back with.

Although I know it has only been 4 days I haven't received any reply from the employer. I'd imagine she would be checking with her own lawyer.

Regardless I will be sending a recorded letter on Monday so that I have confirmation that she has received the letter. I will then give it another week before contacting a lawyer which I have been recommended as speaking English.

Hope it all works out for the best. Going away for a few days, but hoping your wife is continuing to heal well - and hope to meet up soon.

I am glad that there finally seems to be light at the end of the tunnel. Just one suggestion: be sure to include the deadline of a week in the registered letter.

Back for an update for anyone. So I never got a reply to the email. I shot off a registered letter this week (I've been uber busy with stuff) and finally got a phone call.

She's offering about 400CHF less than I asked for. Not sure if we should just take that and be happy or split the difference. I mean if we went through a lawyer then it would cost at least 300CHF to get just a letter written.

That is an economical decision made by her, and one to be made by you. It depends on what your time is worth, and how much hassle you prefer to avoid.
Then there is the issue of principal, such as why should you pay anything, and why should she not pay the full amount. Any costs you incur chasing her for the money would probably be reimbursed.

It would not hurt to send her another registered letter stating that if the full amount is not paid forthwith, the matter will be handed over to solicitors. Wait, and if so inclined, then hand over to solicitors. It is in her best interests to reduce costs, and an initial offer of settlement is likely to be in her favour. You could put the pressure on and ask for more, but less than the original amount too.

From what I gather, she is very exposed in this case. You should be asking for all costs, including compensation for hassle.

If nothing else it will make her think twice about cutting corners next time she hires somebody.

It depends on how much you asked for really.

If you asked for 600 and she's offering 200 I'd say she's taking the mick. On the other hand if you asked for 2000 and she's offering 1600 it might be worth considering the offer.

I'd say d0o as UTH suggested and send her another letter and see what the outcome is.

In the end I am quite jaded about the whole thing and just want it over with. The offer was about 30% less than what we asked for. We aren't talking huge sums of money here...it's all principle really....

I think we will agree on the reduced amount since me and the wife are such big softees...I wish I could HTFU

She is also complaining about money troubles etc. and although I don't believe her I don't want anyone too suffer if you know what I mean.

Another update. Receive a 2 page letter today in reply. All in French. Even though she knows neither of us has even half way decent French

I google translated it and it seems nothing short of passive aggressive IMO. Says she never received the original email. She is right, we are wrong, the lawyer advised us incorrectly, we should have expressed an objection to the contract termination at the time...but we are going to settle anyway because we don't want the hassle

I don't really care what the letter say, although I'd quite like to go to lawyers and sort this out once and for all. She has sent an agreement to terminate the contract, we will get the settlement amount and go on our merry ways. End of.

She can think she has the upper hand or the high ground all she wants. I don't give a flying ****.

I would not quibble over a few hundred CHF. Most importantly, your
wife should get a good work certificate. Your French is limited, according
to your posts, so have someone read over it to make sure that it
is not a "coded" work certificate.

The settlement amount is fine with us. So this letter is just not necessary IMO.