I have been within a company for 8 months, currently with undetermined end contract. Recently I have received a termination notice, with 30 days notice period, ending my employment 20th of December.
I checked my contract and it does state that my notice period is one month, for any date.
I wanted to make sure if this is legal from Swiss law perspective, to count it 'for any day' instead of end of the month.
Obviously I will not be able to start any job on 21 December, I am also not eager to spend Christmas in chomage office instead of home country.
"Unless stated otherwise in your employment contract (or collective employment contract), the following notice periods apply: during the probation period: seven calendar days during the first year of employment: one month, from the last day of the month (e.g. if employment is terminated on 13 June and the notice period is one month, your contract will end on 31 July)" https://www.ch.ch/en/work/termination-or-dismissal/
A terminated employee can register at RAV/ORP up to the day following the last day of employment. More information is available at this link (English):
As above. You should check whenever you are eligible for days off (unused) holidays and interview day(s) . Perhaps inform RAV on your absence for purpose of developing CV or similar.
In the cases where the employer cancels, if the employee falls ill during the notice period, the first illness day extends (can extend) the notice period by one month to the next end of the month. This extension is optional, the employee can chose this right or not. Additional days of illness will "fill up" the remainder of the extension month.
A doctor's confirmation ("ArztZeugnis", certificat médical) is recommended, otherwise you risk issues if the employer doubts your illness.
So, OP, if you fall ill for even one day during December (that's your notice period), you can elect to have the contract extend until January 31.
Thanks for that, but I still have a doubt about my case.
My contract states my notice period as 'one month, for any date'.
My employer gave me 30 days notice period in the middle of the month - I was notified on 20th November that Im ending the employment on 20th December.
Legally, is one month equal to one calendar month or does it equal 30/31 days? I found this quote on one of the websites:
The employment contract or a collective bargaining agreement may alter these rules, provided that there are not different notice periods for employer and employee and that the notice period is not reduced to less than one calendar month (Art. 335c of the Swiss Code of Obligations; CO).
It makes me think that he can only terminate my contract with the end of December, is that correct? According the quote above, a notice period cannot be reduced to 30 days but max to one calendar month?
Ask your HR or RAV to give you an advise . English forum is not the place for that . To me your contract allows both yourself and company to terminate anytime and it's 30-days from that moment when employment is no longer.
Not sure what you trying to do/get - should you gone to doctor to get couple weeks sick-leave and it ain't working or trying to go for X-mass holidays - you should be prepared to look for the new job - simple as that I guess.
Your employer did what he wrote in the contract. Your question is if this is legal or not. The law says "unless stated otherwise"... which it did in your case. So you are most likely on a losing end. However, here is a pro tip: The RAV is a mostly useless organisation. Many misunderstand them as some sort of help for job seekers, but they are basically an administration making sure they only pay out money they are legally due. Mostly a pain in the neck, but this time this can work for you: Go with your documents there to sign up as a job seeker. When there, present them the documents and ask "is this legal?"... they have an interest to only pay you once they have to... so if the employer has to pay you longer, they will know and tell you. Potentially even call the employer on their own and tell him off...
Actually, the ALK pays you, and also decide if they should pay you.
I ran into this once when my employer wanted to put me at 50% at the start of the next month, ALK said "no way, they can increase immediately, but a reduction requires the full notice period", and thus it got shifted a further two months (they only did the new paperwork at the start of the next month, so that one plus one more), after which they kept me at 100% but with a new cancellation and new 50% reduction monthly for 6 months before finding a solution.
Yes, but the ALK is never talking to an individual - I am sure they talked to your employer directly. When you sign up with the RAV, you can actually pick which ALK you want to use (!). Because bizarrely, there seems to be some competition in that market...