Self-terminated during the probationary period and did not adhere to the notice period.
October 20, 2009 | 20,00 EUR | answered by Michael Vogt
Dear Sir or Madam,
I have a question regarding my employment as a chef in Switzerland from 15.09.2009 to 08.10.2009. I resigned on 08.10.2009, but I was only paid until 05.10.2009 and did not go back to work during the 3-day notice period. Today, the lady from Gastro Suisse recruitment called me and said there could be consequences and a penalty for breach of contract. However, there is no mention of any penalty for breach or non-compliance with the notice period in my employment contract, so nothing should happen to me, right?
Yours sincerely,
Dear seeker of advice,
Your question may be answered based on the facts you have provided and taking into consideration your contribution as follows:
To conclusively answer your question, it would first need to be determined which law applies to your employment relationship.
Since you worked for a Swiss employer in Switzerland, it appears that Swiss labor law would apply.
In this case, you would need to consult a Swiss colleague to clarify your question.
If German labor law were applicable, a penalty clause would require an explicit contractual provision. Since, according to your description of the facts, this is not the case, you therefore have nothing to fear.
I hope that my answer has given you an initial overview of the legal situation.
I would like to point out that this response, based on your information, is only a preliminary legal assessment of the situation. It cannot replace a comprehensive evaluation. By adding or omitting relevant information, the legal assessment may be completely different.
You are welcome to contact me through the follow-up option on this portal or via my email address.
For legal representation beyond this initial advice, my law firm is also available to assist you.
I wish you a pleasant afternoon and remain
Yours sincerely
Attorney Michael Vogt
