I searched this forum but so far I have not encountered this sort of query or expierience.
Can anyone tell me if an employer prematurely terminates work your contract(unlimited),
does the L-permit expires on the last day of notice period or does it expires on the date mentioned on the L-Permit.
Also, what if the employee had resigned instead of being laid-off(My company is offering me option of resigning although they already laid-me off). Would it make any difference to expiry of L-permit ?
On my L-Permit following is mentioned
Front side of permit
GULTIG bis: 18.09.2012
Ausstellungsort under datum des beginns der gültigkeit: Bern, 22.12.2011
How are you going to support yourself once your job is ended ? You can't easily transfer your permission to a new employer... but if you do find an employer that is willing to 'source' you and go through all the paperwork, then it might be possible to get your current employer to approach the work authorities on your behalf, to explain why they are terminating your contract...and to argue your case for you to be allowed to find a new job.
Are you EU or non-EU ? If you are non-EU, then it looks to me that you only have a short L permit, which does not fit with 'unlimited' work contract - your employer may have only applied for a short-term permit...
Thanks for advise. I may be able to get unemployment benefits, right now I am not in Switzerland , so I can only get to know about this from RAV when I come back on 2nd April. Supposing in the worst case I dont get the unemployment benefits , still I have means to support myself(Approximately 2 months of Salary). My employer told me that my contract is unlimited, I am not sure but thats what my boss told me. I am non-EU and non-American
As I told before that the expiry date mentioned on my permit is 18.09.2012. The most important question for me right now is whether I will be allowed to stay in Bern or Switzerland after last day of notice period i.e. After 30th April will my residence permit remain valid until 18.09.2012 ?? . All other things are secondary at the moment
If you cut and paste the German text into google translate (did you not try this???) it hints very strongly that the permit is (a) died to the employer and (b) is only valid whilst employed. You'd probably need to switch to a tourist visa and look for another job.
I am actually a little surprised that they did not give you a B-permit directly given that you did get an unlimited contract. Then again, it also took them ages for them to change my L into a B, due to always having short contracts, but it did happen the moment I got a full contract.
The best thing to do: go find a new job, yesterday!
Yeah I think jeroen you are right. Thats what I am going to do. I also read on another thread that if I am eligible to receive unemployment benefits, then the authorities renew the L-permit on expiration till the period I am entitled to receive unemployment benefits.
But lets suppose I donot get unemployment benefits. And somewhow I continue living in Bern looking for job after my notice period ends. Still I will own my permit card which will expire somewhere in Sept. Then how can anyone know(even when I am going out of Switzerland to non-EU country) whether I am still employed or not with my present company. This time when I was going through migration counter at the Zurich airport, they just checked and saw my permit. But I dont think they check for my employment status.
What about the above quoted question. Does that make any difference to whether I can continue my stay in Switzerland and also to eligibility of receiving unemployment benefits?
Just receive answer from HR in my company. They contacted BECO and lady in HR is told that I could stay for 1 additional month after notice period ends to sort out stuff(moving, job change etc.). They also said that in the meantime if I am able to find a job, the new company will need to apply for a new job permit.
To me 1 month grace period sounds good but absurd at the same time. I dont know on what legal basis BECO gave this reply. Logically the permit should expire either at end of notice period or end of expiry date mentioned on permit. I have sought re-explanation. Lets see what they say.
For the time being I can have some sigh of relief thinking about this grace period
Just an update. Just went to immigration office to clarify some questions.
L-permit remains valid until the date of expiry specified on the permit. In addition, I asked them why was I issued L-permit instead of B-pemit even though my contract was unlimited. They said this decision is taken by Beco whether to give L-permit or B-permit and probably they only can clarify won it. Will update soon if I get more information
I have the same thing, and it is apparently the norm nowadays,
Rumor has it that every non-EU with permanent contract will get an L permit for the first 24 months, and then will finally get the B.
However, you can keep getting L for years on end despite your permanent contract if your company sends a letter to the Arbeit/Migrationsamt specifying so.
Apparently is a trick companies play to keep you bound to them, so that changing jobs becomes nearly impossible.
Why do you believe that you are entitled to unemployment benefits while having a L-permit? I am pretty sure this is not the case. At least last time I heard about this issue it was certainly not the case.
And, if your employer does not tell the migration authority that your work contract is over, then you will still have the L-permit until it expires. This is a document and you are in its possession, aren't you?
L permits DO pay for unemployment insurance starting their first pay check, and they are entitled to benefits after 18 months of continuous employment.
So far, RAV or Beco has said nothing to me about whether I can get paid or not and actually they seem to be quite helpful.
Also, I do not know if type of permit(L or B) influences the required employment duration in last 2 years to get unemployment benefits. If I go about what RAV told me just today, they said that I need to show them 12 months of work experience( In last 2 years I have 14 months Swiss work experience + 6 months of Germany experience which is counted based on U1/E301 form ).
@MariMari: Coming back to question of the basis on which L or B permit is issued, I dont think that non-EUs are given L-permits for the first 24 months. I am saying this because I have a non-EU friend who got a job last year just a month ahead of me, with an unlimited contract, and he was issued a B-permit.
I think on next visit I will ask BECO about it and then share what they say
This completely depends on luck, some people with a unlimited contract get a L, most get a B. Just depends on luck apparently and how many "B"s they have left for that period. If you have a short contract you will most of the time only get an L, but some get a B directly, just a luck thing mostly.