Fired at 11.5 months in Switzerland - unemployment benefits

Visas, Permits, Passports and Naturalization
1
Hello,

I am an EU citizen who relocated from outside the EU 11 months ago. I have been fired recently by my boss and am wondering if the 0.5 month I have left at work (which would take me to 11.5 months of work in Switzerland) would grant me the right to stay in Switzerland and get unemployment benefits for a short while.

My half salary would be above CHF 500 so I would presume that it would technically count as 12 months of contribution but not sure.

Reason I am asking is that I would cancel my flat asap & announce my departure to the canton if I am not entitled to unemployment benefits.

Anyone has any experience with this situation?

Many thanks

2

Hi,

An important detail here is the notice period contemplated in the Swiss laws:

https://www.ch.ch/en/work/terminatio…#notice-period

You get paid until the end of notice period, so the contribution period for unemployment also comprises this time.

3
Did you get fired without notice? Otherwise the notice period should take you over the line as at minimum should be 1 months to the end of the month.

What does your contract say?

4
Thanks for your answers!

My contract says the notice period is 30 net calendar days, hence why it would be 11.5 rather than 12 months.

5
If fired, one may be penalized.

6
Speak to the boss of your boss and ask if you can work an extra few days to meet the rule for unemployment which I believe is a year and and a day. Even offer to work at a reduced rate.

Explain you relocated here for this job and it would be expensive to cancel apartment an everything. Usually you have to give some months notice to leave an apartment

7
Another point is usually you have to be fired at the end of a month, not mid month.

Go and talk to the kantonal amt responsible for paying unemployment and ask for advice

8
Isn’t it the reverse?

If you quit voluntarily you may be penalised but if you are ‘let go’ you’re not.

9
It depends if you are fired for gross negligence, etc, and therefore 'responsible' for the firing.

10
Have you worked in the EU before this? That may help.

11
Thank you so much for your reply! That's a good idea, didn't think I could offer to work at a reduced rate for the extra 15 days remaining.

I worked in the EU and Switzerland (and never drew unemployment benefits) before but my last role was in the US - I guess the unemployment office will only at my last 24 months though, right?

Not responsible for the firing as much as I know..

12

Indeed, great reminder roegner.

The contribution period is 12 months over the last 24 months. So, if you have worked 1 month in the last year around EU, you’re over 12 months.

https://www.arbeit.swiss/secoalv/en/…haedigung.html

13
Yes, 12 in the past 24 in CH or EU.

Tom

14
30 net calendar day as of when communication happens or end of the month? Most contracts in CH would be to the end of the month.

15
Thanks for your answer! The contract only says 30 net calendar days so I assume the end of the month rule didn’t apply but maybe I am wrong then?

16
You need to ask a lawyer if article 335c of swiss labor law applies in your case or maybe your local RAV office will give you free advice. You should anyway inform them of your situation

17
I agree with contacting the Rav for advice. If you have legal insurance check with them too.

Worst case, don't you think it would be a shame to give up on Switzerland completely when you're so close to the 12-month required for unemployment support?

I assume the fact you are an EU citizen and had a permanent job (?) means you have a 5-year B permit? If so you should be allowed to stay from an immigration perspective even after your current employment ends.

@ up to 70/80% of your salary for at least a year, the unemployment support could be quite significant. Wouldn't it be worth trying your utmost to find any work whatsoever even for just 2 weeks?

Maybe focus on cutting outgoings temporarily / moving to a smaller place or WG etc while protectively contacting every possible company who might hire you in any role? At minimum wage level of say chf20/hr it would only cost a company a few thousand CHF max.

Good luck!

18

Out of curiosity, this only applies if you have at least a B permit, and not for those with an L?

It is not entirely clear, even the German text is ambiguous:

Suppose the L permit is OK, but I guess only until it's validity? So if your contract ends normally, you are not entitled to anything, if it ends before the due date, you are entitled to benefits until the due date?

19
Thank you so much for the great advice! I definitely am trying to do just that and would even be happy with finding a job that I can keep more long term, but unfortunately I only have little time to find a new job or leave the canton if I am not entitled to benefits.

Will definitely ask RAV for their opinion though on my situation!

Thanks, I am going to try and contact them directly so that I know where I stand!

20
I've heard of a lot o contracts with a 30 day rule for notice period. This seems to go against the Swiss standard and put employees at a disadvantage therefore might not be legal but 'I've never heard of anyone challenging it.