Any unused annual leave left? Have you looked at the unpaid leave rules? Would there be any forthcoming person in your current job environment to informally discuss this before proceeding, ie supervisor, HR, other administrator, colleague (in that order)? Any chance you know someone qualified and dying for your job you could in the worse case 'sell' to your current employer? Am sure if you really want this other gig, you'll find your way through even the Swiss rules ;) Good luck! And seriously fingers crossed you land that dream job of yours.

Hi,

I had the same question a few years ago. A knowledgeable friend in HR said that she believed that in the case where there was no explicit mention of cancellation in the contract, the standard CO (Code des Obligations) would apply.

Here is what it says (art. 335c):

Délais de résiliation :
7 days during the trial period (Trial period can be from 1 to 3 months for a permanent contract. There usually isn’t a trial period in a fixed contract, but there can be. Check your contract)
1 month (following the end of the month) in your first year (“1 mois pour la fin d’un mois”)
2 months (following the end of the month) from your 2 till your 9th year

Also, if both parties agree, you can break (or modify) a contract at any time.

Probably doesn't help much but good luck anyway!

I only can add the same. By law you are normally obliged to work until the initially agreed date. However, depending on the circumstances - such several fixed term jobs with the same employer - would land you with an indefinite contract and then you would have the right to resign.

That being said, your new employer should also respect that you are bound by a contract. They woud not like anyone to go off from day one to another like that depending on the position. They should be flexible to say that they will adjust in line with the outcome of your discussions with your current employer.

In my view, the best way is always to be straight when things like this happen. Obviously they wont be happy as starting recuitment in December is no-ones desire. I do not think that putting your question on glocals and risking that HR or your employer or a current colleague or your new employer sees this is really wise.

I think you simply need to sit down and discuss and perhaps find a solution that is workable.

Did the new employer ask you about your notice period? If not (it does sound like it), then this employer is really not competent. Be prepared for future surprises from this company.

Money is not everything, safety is.

Thank you for support, Olga! 

Indeed, I have two friends who currently are unemployed and would be potentially interested in having a job, even a fixed-term one. I'll contact them as soon as I get a draft of my resignation letter. 

Plus 1,5 weeks of annual leave, which makes it better. 

Hi, Kirill, 

Thank you for warning. I'm screening through the new contract and going to see the lawyer tomorrow and the day after tomorrow to check all the issues which potentially could arise.

Money is not everything, I agree, but it's the job which I would want to do.

I will still say congratulations anyway since you got a job you really love. I can see you said you already have 1.5 weeks of leave left, you can add unpaid leave to it if available and it should be fine. The difference is only 3 months and you have the whole of December to let them know about it.

I think the only problem would come in if you have conflict of interest in the new company or if it is mentioned in your contract.

But to be honest unless your job was really sensitive and you were holding the life of the company in your hands, I do not think they will be that hard to convince.

Good luck.

Hello,

I'm a Swiss lawyer with an LLD, but I'm not specialised in employment law, so a confirmation of what follows by a more specialised person would be a good idea.

It is true that you cannot legally terminate a fixed-term employment contract (art. 334 CO) ; not going to work for your employer from the day you begin the new job would be a breach of contract ("abandon de poste"). That said, normally art. 337d CO would apply in this situation, which means the consequence is that (in addition to make your current employer slightly angry at you...) you have to pay him or her a quarter of a month salary, plus any additional damage, which should be limited (headhunter or interim agency fees).

So if the other job is really better paid and you're sure to get it, my advice would be to announce your intentions to your employer ASAP and try to agree on a lump sum you pay him as damage, let's say 40 or 50 % of one of your current monthly wages.

Best regards.

You would need to formally accept the new job offer first and sign the work contract so that you are not left with nothing!

Hi guys, 

Thank you all for support! So here is my actual situation: 

1) I was honest with my boss - told her I got a job of my dreams. Was she angry? Not necessarily true, she understood, besides, I am leaving two month earlier, not six... But, still, I got fined. 

2) Yes, I will pay the fine. We have negotiated a bit, but in the end I will receive a "transparent" transcript of all the charges and will pay them. 

3) Also went to a lawyer, who explained me, how the process should work, etc. Wouldn't recommend quitting sooner to someone who earns 10k & up monthly - carges get too high.