Employer asking me to voluntarily resignNeed help and advise to deal with it |
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Employer asking me to voluntarily resignNeed help and advise to deal with it |
15.Mar.2012, 04:35 PM
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#1
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Joined: 23.Sep.2009 |
Hello everybody,
I have a job contract of type so called "fastanställd" in an IT Consultancy copmany. I joined them just a few months ago. Yesterday my boss invites me to a meeting and guess what I'm about to hear... "Well you know, we have been having problems finding assignments to you... I have sent over 10 applications and all say no thank you.. maybe it's because of your after name... the financial status is tough and we would like to offer you to resign..." Long story short, the essence is that since I am a foreigner with a foreign name, he can't find assignments for me and he clearly says maybe they (the would be customers) are racist.. I am completely shocked with what I have heard from them yesterday. I am permanent employee and I speak swedish at the work and have no technical problems, yet since I am a foreigner, they want me to resign since they can't find assignments for me. What should I do? I am a member of a labor union, but I am so shocked at the whole thing that I can't get myself together and think properly. Any advice would be much appreciated. One thing is for sure, I am not letting go of my rights easily in a country that claims to be the best in human rights... thanks all |
15.Mar.2012, 04:40 PM
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#2
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Joined: 10.Dec.2010 |
I do not know much about this subject except that asking you to quit can not be in your best interest. Offer to change your last name to Svensson. Good luck and I am sure others will have lots of advice for you.
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15.Mar.2012, 04:45 PM
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#3
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Location: Dalarna Joined: 5.Apr.2006 |
Do you mean your employer?
Do noy quit a perm job - you will not be entitled to unemployment for 3 months if you do What they are doing is illegal - discrimination & bullying - attempting to get around LIFO (last in last out) by getting you to resign I would join a union pronto I would get in touch with discriminerings ombudsman www.do.se |
15.Mar.2012, 04:46 PM
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#4
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Joined: 1.Jun.2008 |
You shouldn't quit even if you are sure they will make you redundant without compensation. Because getting unemployment benefit from A-kassa may not be possible, if officially you are the one quitting. I am not totally sure about this, you should check.
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15.Mar.2012, 04:53 PM
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#5
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Location: Dalarna Joined: 5.Apr.2006 |
Totally true if you quit you cannot get A-kassa for 90 days
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15.Mar.2012, 05:00 PM
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#6
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Joined: 23.Sep.2009 |
Thanks for the replies guys,
Yes, since they know that A-kassa won't pay for the first 90 days, they are offering me 3month paid salary + 3months resignation notice, I kind of understand it's not my colleagues that are necessarily discriminating against me, But the people that they send a consultants application refuse me and my boss is frustrated. But this is crazy, and I want to make my voice heard to see if there is solution for this. I don't have much to lose in this country, and though lost my hopes for true equality in this society a long time ago, yet I am not afraid of fighting for my rights to the end.. |
15.Mar.2012, 05:02 PM
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#7
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Joined: 24.Aug.2009 |
Under no circumstance should you resign. With or without an assignment they still need to pay you your salary. And they will not be able to fire you just like that. If they do fire you, you can still fight them if that is what you want.
They should fire person who is looking for assignments and not you. Anyhow, this is totally ridiculous, as someone already mentioned definitely something to be reported to diskriminering ombudsman. The question is if you are prepared to ignore this and continue to work for such a company. I think you should for at least few more months just to milk them in every possible way (and until you find better job). Good luck in any case! |
15.Mar.2012, 05:04 PM
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#8
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Location: Stockholm Joined: 2.Aug.2011 |
It is not your name. I have a very foreign last name and am being bombarded with offers in Scandinavia and Central Europe for more than a decade. Nonetheless, what happened to you is a great opportunity ~~~PDX~~~ |
15.Mar.2012, 06:21 PM
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#9
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Joined: 27.Mar.2007 |
hmm, it's not your fault..no matter what...it could also be an excuse for something else from the employer...I don't know?? but I mean I'm swedish and I have worked on some big swedish companies where they have consultants from all over the world...so I dunno...maybe your employer have some special nische with too little demand? Because for about 6 months to a year ago...several swedish companies had issues finding people to employ within certain parts of IT...and they were very frustrated about it...
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15.Mar.2012, 06:22 PM
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#10
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Joined: 27.Mar.2007 |
what do you work with within IT by the way?
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15.Mar.2012, 07:02 PM
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#11
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Joined: 12.Jul.2011 |
"Yes, since they know that A-kassa won't pay for the first 90 days, they are offering me 3month paid salary + 3months resignation notice"
Ahh, they offer you 3 months... Legally you can be made redundant with your employer making a case of arbetsbrist. This can however be taken to court as i myself work in IT it is extremely hard to claim arbetsbrist unless it is really there. Is it? Because if they cant find anything for you to do, like work within the company as a dispatch or support for the support and they legally claim "arbetsbrist" and sack you, that in turn means that you have no obligation to actually be at work the three months they offer salary "arbetsplikt", so three months buys you quite a lot of time finding something else. Of course for the employer it is suicide to write down this proposal above, which is why they have spoken to you about it so there are no written evidence should you make a case of rasism with your union. In practice, this is not really your problem, but your employers problem. It is good that you DO have a conversation about it because it seems your employer wants to stretch out a hand, yet basically making you redundant. In your situation, i would pretend to be understanding and loving to the employer, and say that you really need your A-kassa, so it would be best if they made you redundant due to arbetsbrist. If you are lucky, and they really need to get rid of you, 3 months salary + A-kassa would be the best i think you can accomplish as your employer does not pay the A-kassa anyway (and again, if they legally make you redundant due to arbetsbrist, they cant legally ask you to be at work for 3 months more - arbetsplikt) If you are good at what you do, you should have a new job pretty quick. Good luck! |
15.Mar.2012, 07:30 PM
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#12
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Joined: 22.Oct.2011 |
You say you are in a union, but not which one. In any case you should immediately get in touch with them and tell them what is going on.There are times when a union can be useful, and this is one of them.
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15.Mar.2012, 08:30 PM
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#13
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Joined: 23.Sep.2009 |
Thank you carterhaye for your response,
I have 2 questions regarding your comments however. Firstly, why it is suicide to write down the arbetsbrist proposal for the company, and how could it be a written evidence of racism if its arbetsbrist that they claim. (btw it is NOT arbetsbrist for the Swedes in the company) the 2nd item is that i am a member of A-Kassa in sverigeinginior, but I have been a member there only for one year and u need to be at least 18 months to be eligible for full 80% compensation. Can I require them to increase 3+3 month to 6+3? In regards to this situation, what would be the best to do? I know that if I refuse, they can't force me to quit as there are a few other people who are employed after me and LIFO (Last In First Out) applies here. But after what they told me I honesty feel it to be disgusting to work in this environment and these people. There is a red line crossed here by them. They directly told me your last name is the problem. thanks |
15.Mar.2012, 08:33 PM
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#14
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Joined: 23.Sep.2009 |
I am a java developer Stebro,
Yes, I also doubt there is a demand shortage, I am 100% sure it is a discrimination case going on here, But I can't tell if it is my employer who is doing discrimination, but the customers don't probably like the name they see on the CV. Whichever way, it is really crazy, and a shame for sweden in 21 century |
15.Mar.2012, 09:03 PM
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#15
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Joined: 12.Jul.2011 |
"Firstly, why it is suicide to write down the arbetsbrist proposal for the company, and how could it be a written evidence of racism if its arbetsbrist that they claim. (btw it is NOT arbetsbrist for the Swedes in the company)"
They have told you that it is your name that is an issue. It is a suicide for this company to actually write that to you in an e-mail. I am sorry to say, that if you bring the union and go rage mode on your employer, they will invite your union representative - and perhaps you into a nice office and say "What seems to be the problem?". If you then try to use the rasism card up your sleeve, i think your employer will respond something in line with; "Ridiculous, why would we ask someone to leave for such reasons, that is illegal you know!!". Without evidence, this card is probably useless to play, and will put you in a worse position. If your employer would write this to you, i guess a full mail header screen shot will be enough for DO to eat them up. "the 2nd item is that i am a member of A-Kassa in sverigeinginior, but I have been a member there only for one year and u need to be at least 18 months to be eligible for full 80% compensation. Can I require them to increase 3+3 month to 6+3?" It is a difficult situation. Right now, you are able to talk around the matter with your employer. How about asking them to give you another 3 months working hard, and then a 3 months fully paid and made redundant? That gives you the 6 months you need for 80% a-kassa? "In regards to this situation, what would be the best to do?" I agree with BritVik; at least talk to the union initially, perhaps they can help you with better ideas than mine. "I know that if I refuse, they can't force me to quit as there are a few other people who are employed after me and LIFO (Last In First Out) applies here. But after what they told me I honesty feel it to be disgusting to work in this environment and these people. There is a red line crossed here by them. They directly told me your last name is the problem". I know your situation too well. My father in law once told me; "Live by your own moral rules". I once overheard a former CEO say in phone to another; "If you put a bit more pressure on him, he will probably resign by himself" about a friend! Keep your head bloody cold now, and think about all options.Use the union to find out your options, keep a door open for your employer as you maybe can get out of it gaining a bit of money. Dont close any door until you have an acceptable deal. Always smile at your enemies and vengeance is best served cold. |
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