RAV and entitlement for ALV payment

Dear EF community,

I am currently on a B Ausbildung permit and I had a job at Inselspital from April 2021 to March 2022 (befristet Vertrag). After that I had to deal with some obstacles in my life and some health issues, meanwhile I was applying for jobs every now and then and being supported financially with some savings and help from my family back home.

My understanding at that time was that unemployment money is social support and I always feared requesting any social support money in case it affects my permit (stupid me). By the time I had my knowledge corrected, I inscribed to Rav on 20.04.2023. When I gave my documents to ALV office, they said I won’t be entitled for money because I am 20 days beyond the 12 months work in two years span. But during my work I haven’t taken vacation and got paid “ferienauszahlung” on 25.04.2022 and they also paid ALV and all deductions from that payout. So technically I contributed to ALV for 12 months in the last two years.

The lady who took my documents said that they only consider salary contributions and this deduction from the ferienauszahlung doesn’t count. I tried to check the law around this and searched the threads for similar situations but with no luck.

I am seeking your knowledge and advice on this, is what the lady said correct? The RAV advisor told me as long as I contributed to ALV then it should count but the lady said otherwise.

Thank you for trying to help me.

Ahmed

If you don't use your vacation you have to be financially compensated for that for sure. I think this kind of compensation just increases your last monthly salary, and thus the social contributions are deducted from it, but it doesn't make any virtual extension to your job period.

Maybe someone more knowledgeable can correct me

Many thanks for your clarification. The thing is I received the vacation payout separately on April 2022 (I had no salary that month) so I technically contributed to ALV on that month as well. So I was trying to understand if such contribution should/can be counted.

No, the date your employment terminated is the criteria, not the date of any payment.

Although companies normally try to include everything in your final salary payment, which is normally before you actually leave, that isn't always possible and a correction payment is made later (and a corrected final salary statement sent) but that doesn't extend your employment.