Frequently asked questions about contracts:

 

What changes compared to the past regarding commissions?

Nothing changes. The right of commission remains the same as the old contract.

​

What changes for those who had a "fixed" contract?

The old fixed contracts for the external servicethey lose their validityand must be replaced with the new contracts. They are no longer compatible with the new legislation which provides for a minimum wage no longer a flat-rate monthly, but according to the employment rate / hours worked.

​

What changes for those who had a linearization contract?

The linearization contractloses its validityas it is no longer compatible with the new legislation. It is replaced by the additional contractual agreement.

​

What changes regarding the reversal reserve account?

Nothing changes. The reversal reserve account was already anchored to the previous contract and remains unchanged in the new contract.

​

What changes for the rights in case of illness and accident?

Nothing changes.

​

What happens if I don't respect the minimum productivity?

The working hours are in any case paid. The minimum productivity is indicated only in the additional contractual agreements. These additional agreements are terminated for non-fulfillment in the event of non-compliance with the minimum productivity. However, the basic contract and the right to hourly wages remain in force. Naturally, for obvious economic reasons, with a collaborator who repeatedly fails to cover his hourly wages with a corresponding productivity, mysbc will be forced to terminate the collaboration contract.

​

What happens if I don't sign the activities in simbia (working hours)?

The recording of working hours is mandatory with effect from 01.01.2021. From 01.12.2021 it is also the way in which the employee asserts his entitlement to the minimum wage. The lack of recording of working hours is equivalent to not having worked the hours indicated, with consequent lack of right to the relative hourly wages.

​

What happens if my total of the hours indicated is less than the minimum expected?

If there is no additional contractual agreement, nothing happens. If there is an additional contractual agreement, in the absence of hours worked, this could be canceled due to breach of contract; however,if productivity has been respected, it is in mysbc's interest to keep the contract valid.

​

Does anything change if I have an illness or an ongoing injury?

Nothing changes. the rights in the event of illness and accident remain unchanged.

​

What changes if an employee increases his production compared to the average in the past?

In principlenothing changes. In this way the employee will collect more commissions, exactly as was the case with the previous contract. Probably to increase its production it will also increase the hours of work, thus increasing, with the new contract, also its hourly income.

 

What changes if an employee were to significantly decrease his production compared to the average of the past?

In principlenothing changes. In this way the collaborator will collect less commissions, exactly as was the case with the previous contract. Probably decreasing his production will also decrease the hours of work, thus immediately decreasing his hourly income. In the event of a significant decrease, as was already the case in the previous contract, depending on the duration and importance of the production reduction, any increased risk of reversals could be offset with a higher withdrawal for the reversals account.

​

What changes for the rights in case of cancellation?

With the old contract, during the cancellation period, the commission account was blocked until the cancellation risk period expired and the collaborator received no remuneration. With the new contract, even during a possible cancellation period, the employee receives paid the hours worked even during the cancellation period. The commission account remains blocked in the event of cancellation, exactly as per the previous contract.

​

Does the signing of the new contract generate the start of a new trial period?

No. IF there is a probationary period in progress, thisIt remains unchanged. If there is no trial period in progress, no new one is generated.

​

Does the signing of the new contract change the cancellation periods?

No. The cancellation periodIt remains unchanged. It is calculated according to the law, starting from the day of the signing of the first collaboration contract with mysbc.

​

What changes for new collaborators who intend to start working for mysbc?

For the new collaborators the new contract represents a great opportunity; with it it is no longer necessary for the collaborator to accumulate 1000 PUs before signing the contract (he must of course still pass the assessment exam and demonstrate that he is able to do the job). In addition to this, the new employee does not have to wait for the commissions flow to start (which takes an average of 3 months), before collecting a salary for his work, butimmediately benefits from hourly wages.

​

Is the contract adjustment mandatory?

Yes, as far as the basic contract is concerned. With effect from 01.12.2021, the new legislation on employment contracts is applied. All employment contracts that are not compatible with the new legislation lose their validity.

​

Is it mandatory to also sign an Additional Contractual Agreement?

No. This is an opportunity for the employee who wishes to regularize their income, not an obligation.

​

What happens if I refuse to sign the new basic employment contract?

Old commission contracts lose their validity. In case of refusal to sign the new contract, the minimum conditions of the hourly contract are implicitly valid. In case of refusal to sign the new employment contract, the employment relationship remains in force, but only the hours worked on the basis of the cantonal minimum wage and the commissions already fully earned would be paid. In case of refusal, the collaborator would receive   simply a registered letter from mysbc, with which you are informed that the previous employment contract is no longer valid and that it is replaced by the new contractual provisions. In this way, however, you lose the right to the flow of commissions, as regards commissions still at risk of reversals.

​

Can mysbc refuse to sign the new basic employment contract with an already hired employee?

No. The law requires the employer to adapt contracts and working conditions to the new regulations.