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Urgent : In case of termination of contract

Hi There,


I would like to get some information regarding a friend of mine.


This friend was working for a company in Swiss and was on a 18 month work contract. The company decided to terminate his contract after 2 months. The normal probation period is 3 months and a notice period of 7 days can be given during this probation period.


1) What can this friend do now ?


2) Does his permit also terminate along with the contract or does the permit continue so that he can look for another job ?


3) Will he need to return to his home country ? What kind of action can this person take now 


 


Best 

The text you are quoting:

Hi There,


I would like to get some information regarding a friend of mine.


This friend was working for a company in Swiss and was on a 18 month work contract. The company decided to terminate his contract after 2 months. The normal probation period is 3 months and a notice period of 7 days can be given during this probation period.


1) What can this friend do now ?


2) Does his permit also terminate along with the contract or does the permit continue so that he can look for another job ?


3) Will he need to return to his home country ? What kind of action can this person take now 


 


Best 


Parag RJul 7, 2011 @ 20:01
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Re: Urgent : In case of termination of contract
Post 1

Hi Parag, I can't really answer your questions, but I just wanted to make the first remark:


I followed a course on Dutch/European labor law a long time ago, and seem to remember that fixed-term contracts can't or shouldn't have a trial period. I also believe that the maximum trial period is 2 months. I would recommend your friend to find some legal help to check if the company had the right to fire you (even if the contract says so, if it goes against Swiss labor law it may not be valid).

The text you are quoting:

Hi Parag, I can't really answer your questions, but I just wanted to make the first remark:


I followed a course on Dutch/European labor law a long time ago, and seem to remember that fixed-term contracts can't or shouldn't have a trial period. I also believe that the maximum trial period is 2 months. I would recommend your friend to find some legal help to check if the company had the right to fire you (even if the contract says so, if it goes against Swiss labor law it may not be valid).


Edward B, Jul 7, 2011 @ 21:18
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Re: Urgent : In case of termination of contract
Post 2

In such case, it's generally recommended to discuss a type of indemnity before the arrival in Switzerland (payment for a minimum period). If nothing has been agreed in advance, the employee does not have many recourses. It's the right of both parties to terminate the agreement.


Concerning the permit, it's closely connected to the employer when it's a short duration permit. It has been granted to one particular employee for one particualr job. It does not apply to any job. The only practical solution seems to try to find a similar position with another employer and convince the other employer to apply for a permit.

The text you are quoting:

In such case, it's generally recommended to discuss a type of indemnity before the arrival in Switzerland (payment for a minimum period). If nothing has been agreed in advance, the employee does not have many recourses. It's the right of both parties to terminate the agreement.


Concerning the permit, it's closely connected to the employer when it's a short duration permit. It has been granted to one particular employee for one particualr job. It does not apply to any job. The only practical solution seems to try to find a similar position with another employer and convince the other employer to apply for a permit.


Per P, Jul 7, 2011 @ 21:19
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Re: Urgent : In case of termination of contract
Post 3

If the agreement has really been agreed for a fixed period, I recommend to submit the case to a Swiss employment lawyer, because there is in principle no probation period when there is a fixed term (art. 334 of the Swiss Code of Obligations). The clause could therefore be void. Please note that even if the agreement refers to the application of a foreign legal system, certain Swiss provisions would remain applicable if the place of work is in Switzerland (mandatory provisions).

The text you are quoting:

If the agreement has really been agreed for a fixed period, I recommend to submit the case to a Swiss employment lawyer, because there is in principle no probation period when there is a fixed term (art. 334 of the Swiss Code of Obligations). The clause could therefore be void. Please note that even if the agreement refers to the application of a foreign legal system, certain Swiss provisions would remain applicable if the place of work is in Switzerland (mandatory provisions).


Per P, Jul 7, 2011 @ 21:26
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Re: Urgent : In case of termination of contract
Post 4

Hi Per


 


Please can you send your phone number , I would like to have a small conversation with you and talk to you.


 


Regards


Parag

The text you are quoting:

Hi Per


 


Please can you send your phone number , I would like to have a small conversation with you and talk to you.


 


Regards


Parag


Parag R, Jul 7, 2011 @ 21:37
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