Go Back   English Forum Switzerland > Help & tips > Language corner  
Reply
 
Thread Tools Display Modes
  #1  
Old 13.08.2020, 22:22
Forum Legend
 
Join Date: Mar 2008
Location: ZH
Posts: 8,091
Groaned at 96 Times in 77 Posts
Thanked 12,496 Times in 5,071 Posts
doropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond repute
French "la mise en demeure" - in employment?

Could anyone explain, please, what "la mise en demeure" is, within the context of an employment relationship?

It is something to do with a disciplinary action, or a reprimand, or a suspension, or witholding an employee's salary? When, why and on what grounds could "la mise en demeure" take place or be put in place, or be released or cancelled?

I'd like to understand this for Switzerland, please, and if anyone could point me to the phrase in German, perhaps in employment law, I'd be very grateful.

Thank you.
Reply With Quote
  #2  
Old 13.08.2020, 22:56
curley's Avatar
Forum Legend
 
Join Date: Oct 2006
Location: canton ZH
Posts: 13,135
Groaned at 218 Times in 182 Posts
Thanked 15,264 Times in 7,847 Posts
curley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond repute
Re: French "la mise en demeure" - in employment?

Quote:
View Post
Could anyone explain, please, what "la mise en demeure" is, within the context of an employment relationship?

It is something to do with a disciplinary action, or a reprimand, or a suspension, or witholding an employee's salary? When, why and on what grounds could "la mise en demeure" take place or be put in place, or be released or cancelled?

I'd like to understand this for Switzerland, please, and if anyone could point me to the phrase in German, perhaps in employment law, I'd be very grateful.

Thank you.
Eine Abmahnung. A warning. Without details (I'm not asking for them) difficult to say, could be a demand to refrain from certain actions/behaviour or not to repeat mistakes ..... what ever it is, it's one step closer to unemployment ..... with or without a probation or dead-line .... as I said without details ..... but hth.
Reply With Quote
This user would like to thank curley for this useful post:
  #3  
Old 13.08.2020, 23:27
Forum Veteran
 
Join Date: Jul 2020
Location: Up there over the fog
Posts: 2,150
Groaned at 287 Times in 209 Posts
Thanked 2,351 Times in 1,177 Posts
JackieH has a reputation beyond reputeJackieH has a reputation beyond reputeJackieH has a reputation beyond reputeJackieH has a reputation beyond reputeJackieH has a reputation beyond reputeJackieH has a reputation beyond repute
Re: French "la mise en demeure" - in employment?

Normally used when a worker refuse to do his job/be at his post


'L'employeur doit donc adresser des mises en demeure explicite à l'employé, et lui fixer un délai pour réintégrer son poste de travail. Il doit indiquer qu'en l'absence de retour dans le délai il considérera qu'il y a abandon de poste au sens de l'art. 337d CO.'






so check art 337d of the Workers' code.
Reply With Quote
The following 2 users would like to thank JackieH for this useful post:
  #4  
Old 13.08.2020, 23:54
Forum Legend
 
Join Date: Mar 2008
Location: ZH
Posts: 8,091
Groaned at 96 Times in 77 Posts
Thanked 12,496 Times in 5,071 Posts
doropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond repute
Re: French "la mise en demeure" - in employment?

Thank you, both.

Found this parallel text, which helped a bit. I don't have all the details yet (though it is not my case).
https://www.droit-bilingue.ch/rs/lex...37d-de-fr.html
Reply With Quote
  #5  
Old 17.08.2020, 14:03
Forum Veteran
 
Join Date: Nov 2011
Location: Mies
Posts: 968
Groaned at 15 Times in 11 Posts
Thanked 730 Times in 413 Posts
catandmouse has earned the respect of manycatandmouse has earned the respect of manycatandmouse has earned the respect of many
Re: French "la mise en demeure" - in employment?

It's a warning, probably a final warning, though this should be explicited in the document, before further action (dismissal? though it could be something else that affects the employment contract, probably negatively).
Under Swiss employment law you are obliged to give written warnings before dismissing an employee, except in the case of serious offences (stealing for example), when instant dismissal is possible. An oral warning can be given and recorded in the personnel file, but most employers will given a written one to cover themselves.
Reply With Quote
This user would like to thank catandmouse for this useful post:
  #6  
Old 19.08.2020, 15:53
Senior Member
 
Join Date: Mar 2010
Location: Brunnen
Posts: 472
Groaned at 12 Times in 11 Posts
Thanked 244 Times in 146 Posts
starDeMer has an excellent reputationstarDeMer has an excellent reputationstarDeMer has an excellent reputationstarDeMer has an excellent reputation
Re: French "la mise en demeure" - in employment?

"la mise en demeure" is a way to officially say something to someone.
Usually it's sent by register mail (or directly signed) so the person (or the company) who received can't denied knowing what it is about.
Reply With Quote
This user would like to thank starDeMer for this useful post:
  #7  
Old 20.08.2020, 00:46
Forum Legend
 
Join Date: Mar 2008
Location: ZH
Posts: 8,091
Groaned at 96 Times in 77 Posts
Thanked 12,496 Times in 5,071 Posts
doropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond repute
Re: French "la mise en demeure" - in employment?

Quote:
View Post
Under Swiss employment law you are obliged to give written warnings before dismissing an employee, except in the case of serious offences (stealing for example), when instant dismissal is possible.
Thank you for your reply, but I think that in this aspect you are mistaken. As I had always understood it, Swiss employment law knows no prescribed system of warnings at all. Or have I missed something, up till now, and could you post a link to that part of the law, please?

On the contrary, any employer is free, at any time (except the restricted times, like pregancy) to terminate an employment contract for any reason (except those listed as discrimination, such as racism). The employee is similarly free.

The only condition that must be met by the party giving the notice, is that the is that the termination period (typically 7 days in the probationary period, therafter 1, 2 or 3 months) must be respected. The two exceptions I can think of, to that, to that are paid leave (known as garden leave) or instant dismissal, as you described it above.
Reply With Quote
This user would like to thank doropfiz for this useful post:
  #8  
Old 21.08.2020, 11:37
curley's Avatar
Forum Legend
 
Join Date: Oct 2006
Location: canton ZH
Posts: 13,135
Groaned at 218 Times in 182 Posts
Thanked 15,264 Times in 7,847 Posts
curley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond repute
Re: French "la mise en demeure" - in employment?

Quote:
View Post
It's a warning, probably a final warning, though this should be explicited in the document, before further action (dismissal? though it could be something else that affects the employment contract, probably negatively).
Under Swiss employment law you are obliged to give written warnings before dismissing an employee, except in the case of serious offences (stealing for example), when instant dismissal is possible. An oral warning can be given and recorded in the personnel file, but most employers will given a written one to cover themselves.
Nope.
Reply With Quote
This user would like to thank curley for this useful post:
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
for C permit application, which French certificate or "fide" test is the "best" neutralname Permits/visas/government 7 10.04.2020 16:06
B permit through self-employment or "sufficient financial means" Jesse923 Permits/visas/government 21 03.07.2018 12:28
Employment termination - verbal "notice"? No unemployment benefits? PANIC srd6 Employment 23 02.11.2015 17:15
"How To Talk So Kids Will Listen" Workshop Faber et Mazlish - IN FRENCH. chmouheb Commercial events 0 15.09.2011 11:01
Any english/french speaking moms with kids at "Galopins" creche in Vevey? carmen julie Travel/day trips/free time 7 24.10.2008 13:31


All times are GMT +2. The time now is 01:35.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0