I am non-EU and currently holding a B permit in Switzerland. Having served the company for almost 3 years. Was told recently that if I choose to exit the company voluntarily, I can get about 3-month salary as compensation. However, my current permit is going to expire soon which means I need to leave Switzerland very soon and will not have time to find a new job that can grant me this permit.
I remember besides pension and insurance, I also paid "unemployment pension" every month. So just ask here what kind of rights do I have/ can I fight for in this stage?
It is not realistic to continue staying in this company, because they can also take out other procedure to force me out, just take a bit longer. So better to keep long pain shorter. I just need to have enough time to find a new job so that my living/working history in Switzerland won't be influenced.
From a RAV unemployment compensation perspective, it is better to be terminated by the employer than to voluntarily resign. If the employee is forced to resign by the employer, the employee needs to communicate this to RAV/ Kasse when registering for unemployment compensation. Another possibility is to reach a “mutual agreement” to leave the company and then indicate to RAV/ Kasse that the mutual agreement was not voluntarily.
The above is to avoid RAV penalty days from voluntarily resigning.
If a non-EU B permit is tied to the employer, it can be difficult for the jobless permitholder to renew the permit. If the non-EU B permit is open and not tied to the employer, the migration authorities often will allow a renewal for the length of time that the job-seeker is eligible for unemployment compensation, giving time for the job-seeker to find a new position. Please see this link to a Ct. Zug page:
As an opinion, a non-EU B permitholder is in a better position with the migration authorities if the permitholder has a family residing in Switzerland and is well-integrated, e.g., children are attending local school.
You may consider taking all your vacations to prolong expected conversation with the employer. There is a minimum warning period you must be informed before getting fired. Hopefully this will add up to more than 3 months and you can renew your permit. Then focus on search for a new employment. Good luck out there.
In Switzerland you can be fired, as simple as that. No need to offer you another position or what else, as long as the company adheres to the notice period (with very few exceptions).
if you have been working for 3 years, don't you have 3 months dismissal period anyway? If yes, I would not accept, otherwise you won't get any money from unemployment insurance for many days (in case you are able to keep some type of permit). Also, if it takes longer to fire you, it means you have more time to look for another job.
You can be fired, of course, unless the grounds are illegal. As to another position within the company, I offered a strategy the OP could consider to negotiate as the ultimate goal is to keep the permit. No one is obliged to offer it, this is obvious. However, offering this option to the company could be a win-win, the OP needs to identify and show value added. And by the way, good managers would always do their best to offer options to the employees in case of restructurization. And in case it is one, the manager will appreciate the OP bringing a solution to the table. In case of mass lay offs, the probability of hire freeze is high, the OP, however, could fill in an open position. That’s why I asked for the reason in the first place.
Well if you are no vacation, you are not in the office to sign papers, that you are leaving or to agree mutually employment termination. You can only be fired, but few companies do that, they choose the other two options. And yes, I was refering to notice period. So considering OP's problem, this may delay the end of employment just long enough.