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Old 12.11.2020, 19:53
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Employer controls permit and abuses the situation

Hello,
What can be done if the employer controls your permit (B permit but change of the job is not allowed) and boss abuses the situation: gives extra work not related to the job, unpaid overworking hours and weekends, decline request for vacation and etc?
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  #2  
Old 12.11.2020, 19:58
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Re: Employer controls permit and abuses the situation

You did change your post, good. Give UNIA (union) a phone call, maybe they can help you.
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Old 12.11.2020, 20:00
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Re: Employer controls permit and abuses the situation

Might depend on the canton but generally not much.
Sure you can go to court if you can prove breach of contract or complain to the cantonal labour office if your employer violates the cantonal or federal labour law (e.g. there usually is an absolute upper limit on overtime one can be asked to do per year), you can win and in this case your employer will be punished.

However in Switzerland they can also fire you without any cause (observing the notice period in the contract). You could take the case to court and prove that it was wrongful termination but in Switzerland even a court cannot force the employer to hire you back, the most you can win is some financial compensation. And once you're fired while on a non-EU B permit tied to your job, you will be asked to leave the country.
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Old 12.11.2020, 20:03
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Re: Employer controls permit and abuses the situation

Check your contract there is likely a clause allowing for unpaid overtime above the standard 42 hours per week. If so, you are likely remunerated accordingly to compensate for this.
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Old 12.11.2020, 20:30
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Re: Employer controls permit and abuses the situation

Of course there is, the problem is that the employer knows he is breaking the contract and abuse the situation, but he does it because he knows that I'm dependent on the permit - so i'm trying to find a way out.
We once had a conversation because i didn't want to do some non related work that he gave me at 9pm to be done by next morning and he just said "if you don't like something - i'll get rid of you and you'll have 30days to pack leave back to your country" - so the work doesn't look anymore like i'm becoming more and more skilled in what i suppose to do, but rather doing whatever my boss wants in order to keep my permit..
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Old 12.11.2020, 20:43
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Re: Employer controls permit and abuses the situation

I guess the only thing you can do in this situation is find a new job ASAP. Anecdotally getting the work permission the second time is much easier. You should also call the labor office of your canton and check what the process to switch jobs would be like. You wrote it's not allowed in the permit but they may have more insights on how difficult it would be.
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Old 13.11.2020, 09:01
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Re: Employer controls permit and abuses the situation

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he knows that I'm dependent on the permit - so i'm trying to find a way out.
The only way out is to quit and move home.

Tom
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Old 13.11.2020, 09:02
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Re: Employer controls permit and abuses the situation

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I guess the only thing you can do in this situation is find a new job ASAP. Anecdotally getting the work permission the second time is much easier.
Not with a non-EU permit.

Tom
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Old 13.11.2020, 09:26
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Re: Employer controls permit and abuses the situation

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I guess the only thing you can do in this situation is find a new job ASAP. Anecdotally getting the work permission the second time is much easier. You should also call the labor office of your canton and check what the process to switch jobs would be like. You wrote it's not allowed in the permit but they may have more insights on how difficult it would be.
Switching jobs with a non-EU permit is pretty difficult. There has to be a good reason to allow the switch to a new position. Your boss being a d*** isn't likely to be one of them.
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Old 14.11.2020, 00:16
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Re: Employer controls permit and abuses the situation

I have a non-EU permit that allows me to switch jobs freely. I also had friends with job-bound non-EU permits swap jobs and while they had to get work permission again, it took only 1-2 weeks on subsequent tries instead of the months it took the first time.
So yes, only anecdotal evidence, but it's not impossible?
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Old 14.11.2020, 10:50
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Re: Employer controls permit and abuses the situation

How long have you been there ?

Document everything. overwork, extra duties, correspondence.
How long have you been in Switzerland ?

And certainly look for another job - if you were able to get a permit once, you may be able to get another one...
And yes, for whatever reason, heading home is always the 'bottom line'... and that was always the situation...

And you can of course contact Unia - they are the union and they will determine your rights. If they report your boss, he may be blocked from taking further non-EU workers... and be forced to pay you for un-paid work, and be fined...

Notice etc will depend on your contract and also industry. Some employment has stricter controls than others (are you employed to work in the home?)...

And as others have said, you may be able to open your permit to find another job... and you can claim unemployment insurance after 12 months...
How much notice is on your contract ? 1 month, 2 months ? 3 months ?
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Old 18.11.2020, 01:25
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Re: Employer controls permit and abuses the situation

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Of course there is, the problem is that the employer knows he is breaking the contract and abuse the situation, but he does it because he knows that I'm dependent on the permit - so i'm trying to find a way out.
We once had a conversation because i didn't want to do some non related work that he gave me at 9pm to be done by next morning and he just said "if you don't like something - i'll get rid of you and you'll have 30days to pack leave back to your country" - so the work doesn't look anymore like i'm becoming more and more skilled in what i suppose to do, but rather doing whatever my boss wants in order to keep my permit..
I don't know if it's legal to record someone but if it's not I would do it. You need to prove that this person is threatening you and is abusive.
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Old 19.11.2020, 16:44
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Re: Employer controls permit and abuses the situation

Thank you all for your replies, i have contacted UNIA (but they only help members), and also checked with a lawyer and apparently I need to stay in the company for 5 more months. It will be 3 years and I will be eligible to change job: apparently after 3 years in the same workplace permit will not be attached to the company anymore. In the meantime, I will collect evidences and get ready
Thank you all very much!
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Old 19.11.2020, 17:18
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Re: Employer controls permit and abuses the situation

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Rubbish, abuse is abuse, irrespective of the time period
That is not his point. His point (or the point others have made) is that even if he wins a case against the employer, the employer can't be made to take him back and therefore his permit would become invalid.

If he waits, his permit becomes unlinked to the employer and he can either move jobs or sue their ass without having to worry about deportation.
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Old 19.11.2020, 22:34
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Re: Employer controls permit and abuses the situation

Yes, that's precisely the point. Thank you @newtoswitz , I don't yet have enough posts to be able to press the "thank you" button, so doing it here
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Old 19.11.2020, 22:59
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Re: Employer controls permit and abuses the situation

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Hello,
What can be done if the employer controls your permit (B permit but change of the job is not allowed) and boss abuses the situation: gives extra work not related to the job, unpaid overworking hours and weekends, decline request for vacation and etc?
He is bullying you on the basis that you will cave in since your desire to stay in Switzerland is paramount. Be prepared to resist, and accept the consequences and suddenly - he has no power.

Or cave in and be a slave all your life.

Sometimes things happen that are unfair. I would never let myself be enslaved. Your choice.
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