I worked around 1 year as an external consultant for one of the large banks in Switzerland. Due to the costs-saving initiative currently going on at the bank, they offered me to become an internal employee. They convinced me to terminate my contract with the external agency and sign a new contract directly with them.
They sent me an offer by e-mail and after I did my calculations, I decided to accept this offer. In a good faith, I terminated the contract with my previous employer and signed the new contract to become an internal employee.
However, during the first month with the new employer, they realised that there was an “error” at the HR department and they mistakenly signed with me an employment contract at a different rank as intended. They are insisting on rank & salary reduction to my disadvantage due to this error.
I told them, that I can accept the rank reduction but I insist on the salary level as signed in the contract. The difference is in thousands CHF per year.
What are my options here to protect my interests? I feel abused and manipulated. Is it true, that the employer in Switzerland can trigger Art. 23-24 OR and simply announce that there was a “fundamental error” in the contract and hence he is not bound to that contract?
You don't have any options. If you don't agree, they will simply terminate your employment with whatever notice period the current contract states and that will be an end to it.
Well, the termination of employment can’t be from any reason. There are cases mentioned in Art. 336 OR when the termination would be considered unlawful. Namely paragraph c), the notice of termination is unlawful if it’s given solely in order to prevent claims under the employment relationship from accruing to the other party.
Well, first can we establish if the rank and salary ARE in fact significantly higher than you were told and expected? Would you be losing thousands that you in fact were not going to be getting anyway at the rank and salary you expected to sign for? What was discussed and agreed verbally prior to you signing the contract?
Get yourself a lawyer then. But no company is going to continue to pay you, as you put it thousands more per year than you are worth beyond your peers. In addition to the actual costs it would leave the door open for others to argue for the same rank and terms. The in-house lawyers and HR will see that that does not happen.
It's unlikely that this is a mistake as an offer was made, a contract created and likely signed by 2 people (HR and hiring manager). However, I don't think that there is much you can do about it, apart from accepting the offer and start looking for another job with a more ethical employer.
Sounds like CS, they're in trouble at the moment aren't they.
Yes OP, you've been manipulated and there's little you can do. Call their bluff and refuse to sign, though there's a good chance you'll end up without a job in 3 months time. Maybe try to negotiate them up to a higher level that you can live with?
Otherwise, if that's unacceptable for you, take your skills off to the competition.
Did you discuss your salary with hiring manager? Or was it just hanged to you in the contract and that was the first time you saw it? You could argue that the exact same numbers were discussed during the interview and they are not simple error made by HR.
This indeed sounds like CS
The question I immediately got, is your former employer aware of this ‘transfer’? Your former employer must have an agreement regulating the buy off of the employees. Now, are you sure your new employer fulfilled the contactual obligations with your former employer?
Funny (not) how we all think its CS and how well known they are for such shady tactics. I would be ashamed to work in an HR department that works this way!
Yes, it's CS. Before signing the contract, I double-checked the salary with the HR. I have a conversation saved where the person from HR confirms me the rank and the salary. The employment contract is signed by two other people. I really doubt it was an "error", but rather a calculated tactic how to convince me to terminate my previous contract. But I think it would be hard to prove.
I know for sure that I wouldn't sign the contract under the terms they propose now.
Try to negotiate and convince them to honor the singed contract. If they dont agree, let them fire you and insist on including exactly this reason in the termination notice. Then bring it to Inside Paradeplatz and let the fun begin
They gave a binding verbal and written offer and are now liable for that. Tell them that you accept the contract based on their agreements and start with the company, let them be the ones to break it.
There is probably little you can do to have the rank / salary at the originally agreed level.
In your situation I would:
- Depending on cost vs. salary reduction, consult a lawyer on what your options are, instead of taking the armchair legal advice from EF.
- Consider taking the job so as not to impact one's overall finances and quietly start looking for something else. Or if your finances are sufficiently healthy and the market for your skills is in good shape, decline the contract and look for something else.
I'm sure the hiring manager will be aware by now that you will not be joining the team as a happy bunny because of HR's almighty hose-up, but if you do accept, do your best to do a good job.
I would be very careful about doing that. The Zurich banking world is a very small one, and it pays not to slam any doors too hard.
Thousands of people in offices sign documents every day without checking what they are signing never mind checking the contents. As a former fraud investigator I can say it is very common on two person sign offs for both people to have assumed the other checked it.
Don’t attribute cunning to carelessness and stupidity, you’ll be disappointed, few people aren’t that smart.