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Global Forums > General > HR people, please help on question job contract type!
 
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HR people, please help on question job contract type!

Hello guys,


I was wondering if any HR people here who could help me out with it: im offered a two years contract, and ive never had a fixed contract with my previous employers.


so basically the main question is what happens after contract expires? what are the chances to get contract extended( out of ur experience?) and do they have a right to just not prolong a contract without giving a clear written explanation why not?


also, what are the points to look at when offered a fixed term contract?


 


thanks a lot!

The text you are quoting:

Hello guys,


I was wondering if any HR people here who could help me out with it: im offered a two years contract, and ive never had a fixed contract with my previous employers.


so basically the main question is what happens after contract expires? what are the chances to get contract extended( out of ur experience?) and do they have a right to just not prolong a contract without giving a clear written explanation why not?


also, what are the points to look at when offered a fixed term contract?


 


thanks a lot!


olga pJun 24, 2013 @ 21:33
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Re: HR people, please help on question job contract type!
Post 1

Privet Olga!


Under Art. 319 CO, by the individual employment contract, the worker undertakes to work for the employer, for a fixed or indefinite term, and against remuneration.


No special form is required for an individual employment contract (Art. 320.1 CO). However, when the duration of employment relationship is unlimited or of more than one month, the employer must inform by written the worker on specified work conditions (Art. 330b CO, such as name of the parties, the date of the beginning of the employment relationship, job description, salary conditions and weekly number of work hours).


The duration of the employment contract is set by agreement of the parties. It is indefinite, except where a fixed term has been agreed by the parties or is dictated by the nature of the work. Fixed-term contracts terminate with the expiry of the agreed period (therefore after expiry you should have valid reasons to stay in Switzerland - studies, work or marriage).  


To know more see  Arts. 319-362 of the Code of Obligations (CO):


http://www.admin.ch/ch/e/rs/2/220.en.pdf

The text you are quoting:

Privet Olga!


Under Art. 319 CO, by the individual employment contract, the worker undertakes to work for the employer, for a fixed or indefinite term, and against remuneration.


No special form is required for an individual employment contract (Art. 320.1 CO). However, when the duration of employment relationship is unlimited or of more than one month, the employer must inform by written the worker on specified work conditions (Art. 330b CO, such as name of the parties, the date of the beginning of the employment relationship, job description, salary conditions and weekly number of work hours).


The duration of the employment contract is set by agreement of the parties. It is indefinite, except where a fixed term has been agreed by the parties or is dictated by the nature of the work. Fixed-term contracts terminate with the expiry of the agreed period (therefore after expiry you should have valid reasons to stay in Switzerland - studies, work or marriage).  


To know more see  Arts. 319-362 of the Code of Obligations (CO):


http://www.admin.ch/ch/e/rs/2/220.en.pdf


Anna L, Jun 24, 2013 @ 21:39
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Re: HR people, please help on question job contract type!
Post 2

Hi Anna,


Thanks.I was wondering what are the chances to have the work contract extended once its actually expired? Does it happen often? And i guess once its expired i dont have the right to social money while on the look for a new job?

The text you are quoting:

Hi Anna,


Thanks.I was wondering what are the chances to have the work contract extended once its actually expired? Does it happen often? And i guess once its expired i dont have the right to social money while on the look for a new job?


olga p, Jun 24, 2013 @ 22:15
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Re: HR people, please help on question job contract type!
Post 3

Well, many of my friends didn't have their contract extended. But guess it depeds on many circumstances.


Then, it also depends what permit do you have in Switzerland? On what grounds you stay here?


After expiry of the contract you shall normally leave the country (if you don't find other possibilities to stay).

The text you are quoting:

Well, many of my friends didn't have their contract extended. But guess it depeds on many circumstances.


Then, it also depends what permit do you have in Switzerland? On what grounds you stay here?


After expiry of the contract you shall normally leave the country (if you don't find other possibilities to stay).


Anna L, Jun 24, 2013 @ 22:18
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Re: HR people, please help on question job contract type!
Post 4

work permit made by the company. right, so by the end of contract (ive got two years) am I not supposed to be entitled to any unemployment benefits for some time?

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work permit made by the company. right, so by the end of contract (ive got two years) am I not supposed to be entitled to any unemployment benefits for some time?


olga p, Jun 24, 2013 @ 22:40
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Re: HR people, please help on question job contract type!
Post 5

https://www.ch.ch/en/foreign-nationals-unemployed-switzerland/ 


It is advisable to contact the cantonal authorities as there are several conditions for unemployment benefits to be met. And maybe you will qualify

The text you are quoting:

https://www.ch.ch/en/foreign-nationals-unemployed-switzerland/ 


It is advisable to contact the cantonal authorities as there are several conditions for unemployment benefits to be met. And maybe you will qualify


Anna L, Jun 24, 2013 @ 22:43
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