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-   -   Leaving Switzerland while staying on same contract (https://www.englishforum.ch/permits-visas-government/296451-leaving-switzerland-while-staying-same-contract.html)

imbaselboden 29.01.2020 17:50

Leaving Switzerland while staying on same contract
 
Hi,

I have been working in Basel for a little over a year, and now I have the opportunity to go back to the UK for about 2 months or so - I haven't decided if I will come back yet. My contract is staying the same.

I would like to cancel my cable/internet and health insurance in order to avoid having two sets of expenses, but I know I will have to keep paying my flat for the next 3 months anyway (the contract ends in April! :( ) I know that to do this I have to deregister.

My question is, can I deregister at the canton while the contract is still going, and if I come back would it be possible to re-register using the same address?

Thanks

AquoIcePostCH 29.01.2020 18:18

Re: Leaving Switzerland while staying on same contract
 
Quote:

Originally Posted by imbaselboden (Post 3142301)
cancel my cable/internet

This can be cancelled as per the conditions of your contract, or presumably without any issue if you officially notify your departure.

Guest 29.01.2020 19:23

Re: Leaving Switzerland while staying on same contract
 
Quote:

Originally Posted by AquoIcePostCH (Post 3142316)
This can be cancelled as per the conditions of your contract, or presumably without any issue if you officially notify your departure.

But if he returns in two months and has the same address again they could argue that he never really left.

doropfiz 29.01.2020 19:44

Re: Leaving Switzerland while staying on same contract
 
Quote:

Originally Posted by imbaselboden (Post 3142301)
Hi,

I have been working in Basel for a little over a year, and now I have the opportunity to go back to the UK for about 2 months or so - I haven't decided if I will come back yet. My contract is staying the same.

I would like to cancel my cable/internet and health insurance in order to avoid having two sets of expenses, but I know I will have to keep paying my flat for the next 3 months anyway (the contract ends in April! :( ) I know that to do this I have to deregister.

My question is, can I deregister at the canton while the contract is still going, and if I come back would it be possible to re-register using the same address?

Thanks

I'm a bit unsure, here, on reading your post. Do you mean your employment contract? Or your rental contract? Or your medical insurance contract?

Your employment contract is terminated by giving or being given notice in accordance with the terms of the employment contract, usually one, two or three months.

The rental contract is not affected by your deregistering from the municipal authorities. It must be separately terminated by giving notice in accordance with the terms of the rental contract.

The cable/internet contract is not affected by your deregistering from the municipal authorities. Nor is it affected by your ending your rental contract and leaving your apartment. It must be separately terminated by giving notice in accordance with the terms of the cable/internet contract.

If you are registered in Switzerland, then your medical insurance contract is obligatory and you must have that cover and must pay those premiums. If you live in Switzerland but are temporarily away, you are still obliged to be insured in Switzerland.

Your work and residence permit ends with your deregistering from the municipal authorities, or by your leaving Switzerland and no longer working here.

AquoIcePostCH 29.01.2020 20:55

Re: Leaving Switzerland while staying on same contract
 
Quote:

But if he returns in two months and has the same address again they could argue that he never really left.
They could. But legally, if he announces his departure officially and later comes back and registers officially, then their argument is invalid.

doropfiz 29.01.2020 21:39

Re: Leaving Switzerland while staying on same contract
 
Quote:

Originally Posted by AquoIcePostCH (Post 3142380)
They could. But legally, if he announces his departure officially and later comes back and registers officially, then their argument is invalid.

If he announces his departure officially, then when he wishes to return, later, he will have to apply for a permit all over again.

imbaselboden 30.01.2020 09:41

Re: Leaving Switzerland while staying on same contract
 
Apologies everyone, I did mean about my employment contract. I spoke to HR and they mentioned that if I came back they wouldn't be able to register me for witholding tax again - they haven't explained what the ramifications to this would be.

"The rental contract is not affected by your deregistering from the municipal authorities. It must be separately terminated by giving notice in accordance with the terms of the rental contract." - OK, this was my main issue because they asked for a copy of my permit when I started renting, so I thought the two things were linked.

"If you are registered in Switzerland, then your medical insurance contract is obligatory and you must have that cover and must pay those premiums. If you live in Switzerland but are temporarily away, you are still obliged to be insured in Switzerland." - Yeah, that's one of the main reasons I want to deregister, so that I can cancel this contract.

Guest 30.01.2020 09:58

Re: Leaving Switzerland while staying on same contract
 
Sounds like a lot of effort and bollocksing around for 2 months....

doropfiz 30.01.2020 10:02

Re: Leaving Switzerland while staying on same contract
 
Are you just going on an excursion (leave from work? Working for the same company while abroad?)and thereaftet intend to resume all of the aspects of your life here? And for those two months you'd like to pause your medical insurance?

If that's what it's about... seems rather risky to me. You risk potentially lacking cover for illness or accident or, if you return with the consequences of one of those, for there to be considerable extra paperwork.

If you want the job to continue when you return, then it seems a pity to potentially risk your new permit by deregistering for those two months.
And anyway, you can't be employed under a Swiss work contract if you don't have a permit.

Edit: as Today Only said.

AquoIcePostCH 30.01.2020 10:05

Re: Leaving Switzerland while staying on same contract
 
Quote:

Originally Posted by doropfiz (Post 3142510)
anyway, you can't be employed under a Swiss work contract if you don't have a permit.

The employer may not necessarily be informed about the cancelling of the permit.

roegner 30.01.2020 10:35

Re: Leaving Switzerland while staying on same contract
 
Quote:

Originally Posted by doropfiz (Post 3142510)
And anyway, you can't be employed under a Swiss work contract if you don't have a permit.

Edit: as Today Only said.

Quote:

Originally Posted by AquoIcePostCH (Post 3142512)
The employer may not necessarily be informed about the cancelling of the permit.


May be, but you are in breach of the law and if your employer finds out, they will not be happy.



Most employers will ask for your permit if you start a new job or if your permit expires.

Guest 30.01.2020 10:40

Re: Leaving Switzerland while staying on same contract
 
Quote:

Originally Posted by AquoIcePostCH (Post 3142512)
The employer may not necessarily be informed about the cancelling of the permit.

True.

And government has the freedom to not give out a new permit if they find out.

imbaselboden 30.01.2020 10:42

Re: Leaving Switzerland while staying on same contract
 
Quote:

Originally Posted by doropfiz (Post 3142510)
Are you just going on an excursion (leave from work? Working for the same company while abroad?)and thereaftet intend to resume all of the aspects of your life here? And for those two months you'd like to pause your medical insurance?

Edit: as Today Only said.

I am not really sure I want to come back. Essentially, my partner is in the UK and after 1 year apart I am not sure we can cope with the distance very well. My employer has an office in the UK, so I will be working from there for the next 2 months.

After those 2 months, I am thinking of making a decision about whether to return to Switzerland or stay in the UK (which will likely mean a drop in salary, new contract with the same company, etc). In the meantime, I don't want to be paying twice for things, especially the health insurance as I will be covered while in the UK anyway (I have indefinite leave to remain).

AquoIcePostCH 30.01.2020 10:43

Re: Leaving Switzerland while staying on same contract
 
Quote:

Originally Posted by doropfiz (Post 3142347)
If you are registered in Switzerland, then your medical insurance contract is obligatory and you must have that cover and must pay those premiums. If you live in Switzerland but are temporarily away, you are still obliged to be insured in Switzerland.

Unless you deregister.
Quote:

Originally Posted by doropfiz (Post 3142399)
If he announces his departure officially, then when he wishes to return, later, he will have to apply for a permit all over again.

Correct.
Quote:

Originally Posted by roegner (Post 3142528)
employers will ask for your permit if you start a new job

I had understood that the existing contract is staying in place.

doropfiz 30.01.2020 12:51

Re: Leaving Switzerland while staying on same contract
 
The existing employment contract is for a foreign person with a permit to live and work in Switzerland. If he deregisters, then he no longer has a permit. Thereby, he is no longer allowed to continue working under that employment contract.

AquoIcePostCH 30.01.2020 13:19

Re: Leaving Switzerland while staying on same contract
 
Quote:

Originally Posted by doropfiz (Post 3142621)
The existing employment contract is for a foreign person with a permit to live and work in Switzerland. If he deregisters, then he no longer has a permit. Thereby, he is no longer allowed to continue working under that employment contract.

Correct. But the employer needs to know about the cancellation of the permit to be able to annul the contract. ;)

Guest 30.01.2020 13:24

Re: Leaving Switzerland while staying on same contract
 
Quote:

Originally Posted by AquoIcePostCH (Post 3142635)
Correct. But the employer needs to know about the cancellation of the permit to be able to annul the contract. ;)

How do you "annul a contract" in this particular case?

The contract was issued under the proviso there was a suitable permit in place. If the permit is no longer in effect, the contract is automatically ended.

Island Monkey 30.01.2020 14:17

Re: Leaving Switzerland while staying on same contract
 
Is the Swiss branch of your company going to continue to pay you? If so you probably need to stay registered, or it will get very complicated with tax and other deductions for just 2 months. If the UK will be paying you, then go ahead and de-register.

imbaselboden 30.01.2020 14:57

Re: Leaving Switzerland while staying on same contract
 
OK, that's why some were saying that the employer might not be informed that the permit was terminated.

So I went back to HR and they basically said that the same as Island Monkey, that I shouldn't deregister because the tax situation would become complicated.

AquoIcePostCH 30.01.2020 16:30

Re: Leaving Switzerland while staying on same contract
 
Quote:

How do you "annul a contract" in this particular case?
No idea. This would be for the company to sort out.
Quote:

The contract was issued under the proviso there was a suitable permit in place.
Presumably, yes. I don't know if this is written into every contract.
Quote:

If the permit is no longer in effect, the contract is automatically ended.
May depend on the wording of the contract, again, if there is any mention of this. I don't know how automatic it would be.


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