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Contract signing & payment delay

Hello, My husband got a temporary (3 months) job as a mecanique in Forel(Vaud) at a small motorcycle garage. The owner delayed the signing of the contract for 2 and a half months (even now it's not signed and he has one more week to work) because : the first week he said that he will be in probation, then he waited for his residence permit to arrive (it was on going when he got hired), then he said that he is waiting for the authorities response of the tax calculation etc. He didn't received any paycheck also. Is there anything we can do? Did someone else had been through the same situation?


Thank you very much,


Anca

The text you are quoting:

Hello, My husband got a temporary (3 months) job as a mecanique in Forel(Vaud) at a small motorcycle garage. The owner delayed the signing of the contract for 2 and a half months (even now it's not signed and he has one more week to work) because : the first week he said that he will be in probation, then he waited for his residence permit to arrive (it was on going when he got hired), then he said that he is waiting for the authorities response of the tax calculation etc. He didn't received any paycheck also. Is there anything we can do? Did someone else had been through the same situation?


Thank you very much,


Anca


Elena MAug 25, 2017 @ 13:16
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Re: Contract signing & payment delay
Post 1

Please note that under Swiss law, the contract is valid even if it's an oral agreement. The fact that your husband worked and that this was accepted by the owner of the garage tends to prove that there was an agreement. Then, the difficult part is probably to prove what were the exact terms which were agreed if there is no written document. Did he have any exchanges of e-mails or other correspondences before he started working? If they agreed on some terms and if the work effectively started on this basis, there is in principle a contract.

The text you are quoting:

Please note that under Swiss law, the contract is valid even if it's an oral agreement. The fact that your husband worked and that this was accepted by the owner of the garage tends to prove that there was an agreement. Then, the difficult part is probably to prove what were the exact terms which were agreed if there is no written document. Did he have any exchanges of e-mails or other correspondences before he started working? If they agreed on some terms and if the work effectively started on this basis, there is in principle a contract.


Per P, Aug 25, 2017 @ 17:31
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Re: Contract signing & payment delay
Post 2

Thank you for these usefull information. We do have the sms and emails that specifically describe the terms. We will wait until next week for the owner to respect his part of the contract.

The text you are quoting:

Thank you for these usefull information. We do have the sms and emails that specifically describe the terms. We will wait until next week for the owner to respect his part of the contract.


Elena M, Aug 27, 2017 @ 13:05
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