Swiss contract - indemnity entitlement

This is a discussion on Swiss contract - indemnity entitlement within the Salary & Workers Compensation forum, part of the LABOR & EMPLOYMENT LAW category; Hello, I am in a tricky situation. I have signed a Swiss contract to work in Zurich but unfortunately, due ...

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Old Aug 26th, 2009, 06:12 AM   #1
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Default Swiss contract - indemnity entitlement

Hello,

I am in a tricky situation. I have signed a Swiss contract to work in Zurich but unfortunately, due to changes in personal circumstances, the employer and I have agreed to cease the Swiss contract as though it never existed. However, they do recognise that I am still under the Swiss contract regime even though I currently work and live in Spain on temporary basis.

I would like to know what my entitlements are in terms of Swiss indeminity pay. Also, for the few months of Swiss salary pay I have received within the Spanish payroll following the few months of temporary agreement to work and live out in Spain under the new Swiss contract regime, they are now asking me to pay back the difference between Swiss and Spanish salary previously paid for these few months on the basis that these salary payments were an incentive for my move to Switzerland. I would ask if they have a legal right to do this and if not, what are my options bearing in mind that I would like to leave in good terms with them.

I would really appreciate a rapid response to this as I am currently negotiating my way round.

Thank you.
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Old Aug 26th, 2009, 09:11 AM   #2
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Default Re: Swiss contract - indemnity entitlement

They cannot force you to give it back, but they can fire you if you could not make the move as agreed. So a bit of negotiation would seem advisable.
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