Zwischenverdienst / Dumpingsalary topic

Hi,

I was wondering before considering starting a Zwischenverdiest (ZV), how to find out (to avoid any surprise) if your ZV salary that your getting is not considered below the dumping level.

Does my Kasse UNIA or RAV inform me of Dumping ZV salary level when I am in process of starting a ZV? I read some articles saying that the Kasse claimed money back after years in cases of Dumping salaries in ZV!

Does the Kasse / Rav give a concrete number of what is your minimum accepted salary level? does anybody have experience with the subject? Thanks.

I, personally, was unpleasantly surprised by ALK (Arbeitslosenkasse) when they deducted my ZV from the mountly support. In the end on that month, I got few hundred franks *less* than if I'd just sit on the bench instead of travelling 2 days per week over half of Switzerland.

The exact values of minimum and maximum support amount are calculated individually, depending on your income on the last contract. It's a bit simplier if your last employer's payslip was over 10.5k.

If the last employer's payslip was 15k, you are insured for only 10.5k anyway, but only 70% or 75% (depending on age and probably other factors) are paid. After all social deduction, ALK pays you 6 to 7.5K netto, depending on how many "insured days" the month had.

As I said, if the income was below 10k, calculation is much more difficult, and neither RAV nor ALK will be interested to help you with this - you have to do your math yourself, using published instructions. Difficult, but no rocket science.

The below linked Ct. Lucerne WIRA (RAV) brochure notes (translated):

"Professional and local compensation

If the insured person earns an interim salary in a control period that does not correspond to the usual professional and local rate, the salary earned by the insured person will be increased to the usual professional and local rate for this employment when it is taken into account by the unemployment insurance fund.

In determining a standard professional and local rate, reference is made to collective labor agreements, wage recommendations from associations, but also on inquiries with other employers.

If, however, the employer and the employee agree on a wage that is too low - in the sense of wage dumping - the unemployment insurance must, for its part, apply an approach and locally customary rate for the activity performed that is customary in the profession and location when paying the insured person.

By offsetting to a level customary in the profession and location, wage dumping at the expense of the unemployment insurance is prevented.

Under unemployment insurance law, there is no obligation to accept interim earnings that are not compensated at a level that is customary for the occupation and location. Such an activity can be rejected or terminated without sanction by the unemployment insurance fund.

Example

Max Muster, a qualified bricklayer, lost his job at the his employment with the company K. He registered for unemployment benefits.

Mr. Muster met the eligibility requirements, the Fund calculated an insured income of CHF 5,500.00 and a daily allowance of 80%. This leads to average unemployment insurance benefits of CHF 4,400.00 (5,500.00 x 80%).

In April, Mr. Muster is able to start an interim job as a bricklayer at the company P.. The employer pays Mr. P. an hourly wage of CHF 20.00, which, with the 150 hours worked, results in compensation of CHF 3000.00 gross. However, according to the GAV Bau agreement, Mr. Muster's hourly wage amounts to at least CHF 27.55.

When paying Mr. Muster in April, the fund does not calculate an income of CHF 3000.00, but of at least 4,132.50 (150 x 27.55). This income, based on the specifications of the GAV Bau, is binding for the unemployment fund. The deduction of the usual professional and local income leads to considerably lower daily allowance payments."

https://wira.was-luzern.ch/fileadmin..._Praktikum.pdf

Thank you for your answers.

When there is an collective agreement / minimum wage this is pretty clear. But if there isn't any? Shall I ask the Kasse / Unia or Rav before taking any Zwischenverdienst about the Minimum acceptable wage? do they have to disclose this info?

PS: what if my hourly rate is the same as the one of my previous job?