I have been working in Swiss Consulting Company from last 9 months and I work for multiple clients location and I have to quit the job for due to personal reason.
One week before, I have given 1 month notice to my employer and my employer confirmed my last date as well with email confirmation.
Later today, I have meeting to terminate my contract 2 weeks earlier and do not want pay the salary for remaining 2 weeks because the employer not getting billing for next 2 weeks from the clients.
My contract clearly says one month notice If I want leave the company and I did it and employer agreed to it.
I believe this unfair, what should I do? is it legal?
I’m sorry for your situation. Since this forum focuses on personal finance, a legal question like yours would require professional advice. I recommend checking your legal protection or seeing if any of your insurance policies (home, liability, etc.) cover work-related disputes.
Chances are your canton has an office dedicated to work law conflicts (prud’homme, in french). I would call them if I didn’t have legal insurance. I’d follow kawansky’s advice and call my legal insurance if I had one.
The way they run their business around cash flow management is their problem, not yours. The contractual obligations between the you and the employer persist regardless and further need to be within the bounds of law. The law here is Zivilgesetzbuch/Obligationenrecht and the termination period cannot be shorter than a month (to be exact: at the end of the next month X+1 after putting in your resignation in the current month X, regardless whether you put in your resignation on day 1 of month X or on day 31 of month X).
So, their threat does not seem legal and I would first tell your employer that this seems to be against Zivilgesetzbuch/Obligationenrecht and that if they insist you will have consult with a lawyer, as advised by others already. Maybe include a link to the reference below when you first contest that their “proposal” to terminate your contract two weeks earlier is not within legal limits and ask them to check if there was a clerical mistake or so, giving them a way to save face.
Maybe the threat will already be sufficient.
If not, maybe there’s cheaper options than a lawyer. I found this: Arbeitsgericht - Das Schweizer Recht erklärt | Beobachter (German), which seems to suggest that you can go to the Arbeitsgericht which will supposedly typically suggest a Schlichtungsverfahren which is free to you if the contested sum does not exceed CHF 30k. Maybe that’s a second escalation step if they ignore your first threat to consult with a lawyer before actually consulting a lawyer. My armchair guess is that the Schlichtungsverfahren will promptly determine they owe you the whole month’s salary instead of what they’ve offered you.
If you gave your termination in January, they’ll have to pay you for the entire February. There’s no such thing as two weeks notice, or notice starting immediately (before the end of month).
If they try to preempt your termination with a termination from their side, they risk you getting sick during the termination period. You get a doctor’s note for 30 days starting on the last day, and they now pay for 60 days.
Yes, you’re right! And for that you don’t even need a doctor’s note. The employer would be basically stupid to risk this in the presence of a termination by the employee that already uses the nearest date. Or greedy. Or both.
I wouldn’t be so sure about that part. The 3-day period that is usual is simply a norm, there are no laws preventing companies for asking for notes for shorter durations. And given the conflictual nature of the relationship here, it wouldn’t be surprising if they did.
Unless there’s something specific in the contract of course.
From knowing people handling this kind of situation, finding a doctor willing to write such a note shouldn’t be too difficult though.
It’s one month. If they don’t want to see you again, they have to pay your salary nonetheless.
If it was a purely commission-based job, then it’s different.
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