Employment Termination after Forced Furlough

Visas, Permits, Passports and Naturalization
1
I am halfway through my 1 year employment contract but client asked for 2 weeks furlough period in Nov(15-30) which I agreed but now they are terminating contract ( Nov30) by end of Furlough period.

I have asked for the contract termination date with the beginning of furlough period so that I can get unemployment benefit.

Is it ok to force a contractor to go in furlough and then terminating because in this way the employee is not getting his daily salary during furlogh period thus unable to get unemployment benefit

2
Have you been looking for jobs and applied for unemployment during this period?

Tom

3
Yes .Once they informed I started to search for job.

Issue is with forlough period (Nov16-30)and then termination whereas I asked for termination date from Nov 16so that I can benefit from RAV. Is it correct that terminating after end of forlough period?

4
What is furlough in the swiss context please? Did you not get salary? What does your contract say?

5
If you ask to lose your job on a certain date this could be seen as mutual termination and the RAV might not like it. Go talk to a RAV officer.

6
Can a 1-year contract be canceled early, without cause? I highly doubt it, so don't sign, or agree to, anything of that nature.

7

According to the ALE practice guide on unemployment compensation, the factual termination of employment, and not the legal termination, is the decisive factor:

"B82 Persons who have wage or compensation claims against their previous employer but who have definitively left their employment relationship are also deemed to be unemployed. According to practice and case law, unemployment does not begin with the legal termination of the employment relationship, but with the actual, definitive termination of the employment relationship. The decisive factor is whether or not the typical services of the contracting parties (work and wages) are still provided. On the other hand, the fact that the employment relationship continued to exist in law after termination of the work and payment of wages, which can only be established in labor court proceedings, is not relevant.
Example

  • If the employment relationship is terminated without observing the notice period, the insured person is deemed to be unemployed if he/she makes him/herself available to the employment agency (= de facto unemployment). In this context, it is irrelevant that the employment relationship still legally existed after the termination of work and payment of wages due to non-compliance with the notice period (BGE 119 V 156)."

For more information and original text, please see “AVIG Praxis Arbeitslosenentschädigung” at this link:

https://www.arbeit.swiss/secoalv/de/…ig-praxis.html

It would seem that the OP’s employment ended with the start of the unpaid furlough and not with the later official termination date.

8
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9
Thanks all. I had discussion with Employer and stated above points. Now they agreed to cancel the furlough before termination as it is against law.

10
Booahh...EF strikes again. Good news!