my husband would like to terminate his contract -due to getting his salaries 10-15 days later, BVG, AHV contributions not paid, and company being close to bankruptcy...)..However, his boss decided to go to his home country in this difficult situation ( as many employees are complaining about the above), and now even put on his out of office note. How can someone still send the termination letter, if there is no one in the office to take it/ sign for it?
Dear All,
Send it to the HR department
Sounds like a smaller company that may not have a HR department.
I would suggest a registered letter to the official office address... stating the notice period and last working day.
After said date, stop turning up...
Not every company has an HR department, we certainly donot.
Tom
Send it registered such that it arrives before the date specified.
It doesn't matter whether someone signs for it, it is the date of attempted delivery that counts legally.
Keep the receipt, of course.
Tom
In general if you show reasonable effort and the fault is not on you there is no issue. In this case if no one is opening the company mail it's absolutely their problem and not yours.
You can even resign by email.
True but for the few francs cost I would use registered Post.
There are lots of ways to resign however you need a formal acknowledgement that the communication has been received at the due date.
An e-mail works fine providing you get a response from a person allowed to respond, or somebody signs a copy of the printed email and returns it to you.
A registered letter is probably still the most common way although a letter handed over with a copy for signature and return is also quite common now.
Whether the boss is available or not is totally irrelevant, send a registered letter to the official address of the company (check in Cantonal Commercial register- available on-line) and send your letter here.
If your work location is not at the registered address, it would be polite, but not necessary, to send a copy of this letter to your work address.
Sounds to me like the boss has done a runner to avoid the consequences of running the company into the ground.
As said send a registered letter, keep the receipt for it and then find another job. I suspect you won’t hear anything further from your previous employer.
Thank you everyone, he will send a registered letter to the official address, and an email with the scanned letter to the emailadress of the boss (and hopefully, based on your replies, that will be enough even if no one acknowledges receiving it). Many thanks for your answers!
Sounds like OP’s husband wants to leave immediately. Getting paid late can be valid reason for that, but OP’s husband must follow the required procedure.
Contact the canton’s (BL) Kantonales Amt für Industrie, Gewerbe und Arbeit (KIGA) for competent advice and instructions.
Also, know that up to three monthly gross salaries are insured by law. This may become relevant if the company goes bankrupt. However, because of this it might be better (my speculation), subject to the details of course, to give normal notice because it shortens the start of the subsequent joblessness.
Set the email up with a delivery receipt
(not a read receipt as this is irrelevant if he reads it or not, what is determining is that he received it !)