Legal disputes - salary and social security contribution

Dear All,

I have been working here in switzerland on L permit since last two year and recently I returned back to india. I worked for an small company based in Bern.

Here is my story

While returning from switzerland I started checking for all my social security balance and some of the salary calculations and to my surprise I found that there are many irregularities in calculating my social security contribution

- I enquired with contonal authority just before a week of leaving switzerland and found that MY AHV account does not have any balance where as my salary slips and contract shows clearly 6.05% contribution towards AHV.

- BVG contribution made to swiss life (Pension company) it has been deducted at 8% from my salary since last two years and to my surprises I recently found that the contribution made towards BVG is total diffrent figure then shown in my salary slips.

- I believe AHV and BVG are equally contributed by employee as well employer. please correct me if I am wrong here.

- Since I have been in switzerland since last two year I thought I was eligible for AHV and BVG refund as I have parmanently left the country.

- Now my employer is not at all responding on any of my queries. Since contribution is for 2 years it is huge amount for me and now I don't know what can be done to get this back

Could anyone suggest me how can I resolve such legal disputes. I have now left this company and joined new company in india so that might be one of reason why swiss employer is not responding.

Could someone here guide me what can be done. have anyone had been in such situation before.

kindly help

DNG

BVG : Part of the BVG deduction is a risk (death and disability) premium and goes to an insurer. The major part is pension savings. Both employer's and employee contributions are fully vested. You can claim this and should get it after the State deducts a withdrawal tax.

AHV : First you must discover why your AHV contributions were not credited to your account. Hope it is only a booking error and not employer fraud. Write to the pertinent AHV office. Once your AHV is credited, you can apply for withdrawal. Another EF thread has discussed that.

Dear goldtop,

Thanks for quick response.

This all to me looks fishy as I also found these inconsistencies where my employer was actually contributing half amount to the BVG and that was deducted from my salary. to my surprise I found it from swiss life pension fund company. so what ever shown in my salary deduction towards BVG is actually employee + employers contribution. where as I was told that same amount also is contributed by employer.

About AHV I followed couple of time this is fourth time I am still getting empty statement showing no contributions.

I have been following up but since now i am not employed with this employer they are not responding to my queries.

I am now frustrated and looking if swiss embassy in india will be able to help me to resolve these issues.

Thank

Regards

DNG

With regards to your AHV - They should have a record that you were registerd as an employee of the company... ask them why the money is not on your balance...

Politely point out to your previous employer that it is a criminal offence in Switzerland to make deductions and NOT pay them into the relevant funds ie AHV, BGV etc.

Your former employer is not cooperating. You should write directly to the AHV (in Bern?) and the pension fund (Swiss Life?) manager. Doubt that the Swiss Embassy will be involved.