could you please tell me what a Rechtschutzversicherung is please ?
I have some issues with my actual employer and it seems I could get good advice from this " Rechtschutzversicherung"
regards
hello
Legal insurance, about CHF 300/year, but you need to have it before you need it.
Tom
too bad. is there any chance that I have one with the house insurance or the bank as it is often the case in other countries ?
regards
You can get one anywhere. But often there is a 3 month waiting period for your first claim and as st2lemans said, cases that started before you got insurance are not covered.
Some employers provide an all employee assistance helpline.
EAP's provide support for employees, often including counselling for psychological issues.
One less well advertised part of an EAP is a legal helpline.
Hi,
I was fired a couple of months back and in the termination letter they have stated that "You are immediately released from working during your notice period. Any existing overtime credits, unused rest days and holiday days will be obtained in this order from new on, followed by the exemption until the end of the notice period."
Can they use my holiday and overtime credits for notice period ?
Yes they can but you could fight it saying you cannot possibly use any holidays and you want them paid out. Might be late however.
Must admit. I had to google this " garden leave " thing
Yes (I know, it happened to me)
the only reason to challenge it would be a case where you have accrued more overtime and holiday than your notice period.
--
Sources please?
Garden leave is not mandatory.
You can be terminated and expected to work your notice period.
If a company places you on garden leave, this is essentially paid leave without needing to work and they can claim you have taken your vacation.
I agree with you that practically this is not good practice however that does not mean companies are not within their rights to do this.
K
This seems very counterintuitive. You get fired and the employer will take your leaves and your overtime with it. This seems bullying.
This is not the case in US/Canada. When you are fired and you serve notice, during the final payment all the unused leaves are encashed and they pay you overtime. If you are on a notice period when you quit, you should ask the employer permission to avail leaves during that period. The employer in most cases will extend your notice period to the leaves you have taken
Notice period is deemed to be time to look for a new job. If you force someone to take vacation (where it would be expected they'd go away on holiday) during the notice period you're reducing their time to look for a job. So there need to be a "reasonable amount of time" of non-vacation within the notice period.
Whether the employer allows the worker to not work at non-vacation times during the notice period is irrelevant.
Here's a good article discussing this if you understand German:
We are not in the US/Canada.
What third world countries do has no relevance.
Tom
The fun part is " They added that after I sued them in the court ". Because I claimed holidays and overtime in the law suit.
When I was terminated, they did not include that. But they modified the letter later.
I did not sign the termination letter when I was fired, since oral termination is valid in switzerland. I wanted to talk to the lawyers before signing anything.
7 people left out of 18 in the last 6 months. it is a shit company.
Yeah I thought it is same around everywhere. Man, one needs to know the employment laws thoroughly before moving to a different country.
The fun part is, the part that people rely on to get something for their vacation time is not part of the law.
May be swiss law.