Jonas and the temporary position
Jonas Justus:
A temporary office found me a job. However, because I was not satisfied with the salary offered, I did not sign the employment contract. I never accepted the position directly. Now the agent wants CHF 1500 compensation!
What should I do?
Answer:
Art. 19 of the Employment Services Act (AVG) requires a written contract for staff leasing. According to the associated ordinance, this can only be deviated from in cases of urgency, which is not apparent from your case description. Since you never agreed to the position, the agent cannot derive a claim from a breach of the duty to negotiate in good faith prior to the contract (culpa in contrahendo). He therefore has no legal basis for his reimbursement of expenses.
We recommend disputing the claim and referring the matter to legal action. In all probability, the other party will not sue.
