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Questions about taking 25% of your salary.

I had a fight with my collgues last sunday and i am working in a restaurant.


I was very frustated and i left my work, i didnt come the evening then i had my 2 days off. When i came back the boss called me from telephone and i knew there would be consenquences, while i was talking to him it was clear he will take some from my salary. My salary was very late and when i received it they deduct me 1700chf including my 13th month pay. Do they have rights? Note: im 22yrs old my first job, working there since august and i sent my resignation letter last december 18 2018, still owe them 14days vaction for some reason and the deduction is not for it.

The text you are quoting:

I had a fight with my collgues last sunday and i am working in a restaurant.


I was very frustated and i left my work, i didnt come the evening then i had my 2 days off. When i came back the boss called me from telephone and i knew there would be consenquences, while i was talking to him it was clear he will take some from my salary. My salary was very late and when i received it they deduct me 1700chf including my 13th month pay. Do they have rights? Note: im 22yrs old my first job, working there since august and i sent my resignation letter last december 18 2018, still owe them 14days vaction for some reason and the deduction is not for it.


john michael policarpioJan 8, 2019 @ 04:54
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Re: Questions about taking 25% of your salary.
Post 1

Maybe ask these guys https://geneve.unia.ch/

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Maybe ask these guys https://geneve.unia.ch/


Sean C, Jan 8, 2019 @ 07:23
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Re: Questions about taking 25% of your salary.
Post 2

As this is your first job and you have been working less than one year, the "code des obligtions" (Swiss code of obligation) states that you have to give one month notice to your employer-which means that you could have left on January 18, 2019.


Both the employer and the employee can however, immediately terminate their working arrangements for "good reasons" (these are however, exceptional)


It appears that your employer feels that you have unjustly abandoned your position (abandon injustifié) and as such the law states that he/she is entitled to deduct 1/4 of your monthly salary as well as additionlal monies should your employer be able to prove that she/he has incurred negative consequences as a result of you leaving your job.


https://www.vd.ch/fileadmin/user_upload/themes/economie_emploi/emploi/fichiers_pdf/FAQ-droit_du_travail-SDE.pdf


You can file at no cost of your own, a claim with the court, "tribunal des prudhommes" if the total prejudice you incurred is less than CHF 30,000.


http://www.lausanne.ch/en/lausanne-officielle/administration/sports-et-cohesion-sociale/service-du-travail/protection-travailleurs/travailleur/litiges-contrat-travail-guide/formulaire-requete-conciliation.html


Hoping this information is of help, Karin


 

The text you are quoting:

As this is your first job and you have been working less than one year, the "code des obligtions" (Swiss code of obligation) states that you have to give one month notice to your employer-which means that you could have left on January 18, 2019.


Both the employer and the employee can however, immediately terminate their working arrangements for "good reasons" (these are however, exceptional)


It appears that your employer feels that you have unjustly abandoned your position (abandon injustifié) and as such the law states that he/she is entitled to deduct 1/4 of your monthly salary as well as additionlal monies should your employer be able to prove that she/he has incurred negative consequences as a result of you leaving your job.


https://www.vd.ch/fileadmin/user_upload/themes/economie_emploi/emploi/fichiers_pdf/FAQ-droit_du_travail-SDE.pdf


You can file at no cost of your own, a claim with the court, "tribunal des prudhommes" if the total prejudice you incurred is less than CHF 30,000.


http://www.lausanne.ch/en/lausanne-officielle/administration/sports-et-cohesion-sociale/service-du-travail/protection-travailleurs/travailleur/litiges-contrat-travail-guide/formulaire-requete-conciliation.html


Hoping this information is of help, Karin


 


Karin E, Jan 8, 2019 @ 16:29
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Re: Questions about taking 25% of your salary.
Post 3

It's usually one month notice for the end of a month. It is not one month exactly. Therefore, 18th December 2018 = 31st January 2019. The 13th salary can come with conditions and could be withheld. Your best bet is to bring your contract to an organisation such as Unia for clarification on that and on abandoning your post.  

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It's usually one month notice for the end of a month. It is not one month exactly. Therefore, 18th December 2018 = 31st January 2019. The 13th salary can come with conditions and could be withheld. Your best bet is to bring your contract to an organisation such as Unia for clarification on that and on abandoning your post.  


Anne-Marie L, Jan 9, 2019 @ 20:41
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Re: Questions about taking 25% of your salary.
Post 4

Hi, for 50.- you can get a consultation from a lawer in the old town (permanence de l'ordre des avocats) and they could help you draft a letter or tell you your rights as per Swiss Law.


Good luck!

The text you are quoting:

Hi, for 50.- you can get a consultation from a lawer in the old town (permanence de l'ordre des avocats) and they could help you draft a letter or tell you your rights as per Swiss Law.


Good luck!


Rachelle P, Jan 10, 2019 @ 19:52
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