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Old 29.11.2014, 12:36
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voluntarily termination of the contract - can I get unemplyment benefit?


Dear forum members,

I kindly ask you to answer a question below as I am sure you are veryexperienced in these topics :




I would like to voluntarilyterminate my contract with employer.

They put me under strong pressure,stress , I am overloaded by work , the work I am doing is doesn'tcorrespond to the contract.



Am I entitled to unemploymentbenefit without any suspension?



Below document says that voluntarilytermination of the contract is the serious issue and is subject to suspension.
http://www.vd.ch/fileadmin/user_upload/themes/economie_emploi/chomage/fichiers_pdf/Brochure_Je_cherche_un_emploi.pdf


"
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donner vous-même votre congé sans avoir un nouvel emploiest considéré comme faute grave. Vous vous exposez à devoir subir unesuspension de votre droit aux indemnités. Adopter un comportement



qui donne à votreemployeur un motif de licenciement peut aussi être considéré comme une fautesanctionnée par une suspension du droit aux indemnités
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  #2  
Old 29.11.2014, 12:49
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Re: voluntarily termination of the contract - can I get unemplyment benefit?

You will almost certainly receive a punishment, it could be anything from 2 weeks to 3 months, depending on what documentation you have to show what happened. This is in addition to any waiting period which could be Upto a month
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Old 01.12.2014, 16:32
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Re: voluntarily termination of the contract - can I get unemplyment benefit?

You are if you've worked in Switzerland for at least 12 months in the past 2 years.

However, as fatmanfilms says, you are subject to a "blocking period" which may range from a few weeks to a couple of months. No one can say how long it will be exactly, largely depends on your income, your personal circumstances and situation etc.
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Old 02.12.2014, 07:39
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Re: voluntarily termination of the contract - can I get unemplyment benefit?

Just continue with your job, but incompetently. Don't make your mistakes obvious, always apologise when they discover your errors, tell them you are very stressed at work.

Leave things out, lose documents etc etc. Then they will dismiss you. If you resign, or are seen as actively seeking dismissal, there are heavy penalties, as mentioned above.
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Old 02.12.2014, 09:13
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Re: voluntarily termination of the contract - can I get unemplyment benefit?

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Just continue with your job, but incompetently. Don't make your mistakes obvious, always apologise when they discover your errors, tell them you are very stressed at work.

Leave things out, lose documents etc etc. Then they will dismiss you. If you resign, or are seen as actively seeking dismissal, there are heavy penalties, as mentioned above.
Yeah no.

Depending on the company OP works with, he won't just get dismissed. People sometimes make a career of doing nothing so even if he did get dismissed eventually, it might take a very long time. All he'd do with the above approach is make his own life miserable by dragging himself to a job he doesn't like every day, and eventually damage himself by leaving on bad terms.

If you don't enjoy what you do - quit. Life's too short. Getting dismissed is never better than resigning yourself, not in the big picture, and if he gets dismissed he will have to justify that for a very long time. I'd rather be a little tight on money for a while than having to explain why I was kicked out for many years. But that's just me.

And the penalties are really not that heavy anyway.
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Old 02.12.2014, 11:09
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Re: voluntarily termination of the contract - can I get unemplyment benefit?

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Just continue with your job, but incompetently. Don't make your mistakes obvious, always apologise when they discover your errors, tell them you are very stressed at work.

Leave things out, lose documents etc etc. Then they will dismiss you. If you resign, or are seen as actively seeking dismissal, there are heavy penalties, as mentioned above.

Sterling dis-information, you'll get sacked for misconduct
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Old 01.04.2015, 10:05
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Re: voluntarily termination of the contract - can I get unemplyment benefit?

Hi there

I am in a similar position although I forced my employer into giving me some compensation as they were effectively managing me out! I am not sure if I am entitled to claim unemployment benefit as I received some severance money. Does anyone know the rules?
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Old 01.04.2015, 10:23
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Re: voluntarily termination of the contract - can I get unemplyment benefit?

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Sterling dis-information, you'll get sacked for misconduct
That is the complete f...ing point! You really are a criticising wanker!

You need to show the unemployment office (Caisse, Kasse) that you did not get yourself dismissed deliberately.

Alternatively do what everyone else does, and find another job.
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Old 01.04.2015, 10:39
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Re: voluntarily termination of the contract - can I get unemplyment benefit?

How long have you been working? Long enough to be eligible?

Fairly recently I published the findings of a Tribunal where a (Swiss) guy at given up his job and was told he was not allowed un-employment benefits as he had quit a/without discussing the issues with the employer and trying to find solutions with them first. As he was shown to not have officially told his employer about his problems and not officially been through the procedure of discussing with them what could be done to improve the situation- and give it some time to put measures into place, but just left- he lost the case and didn't get ANY unemployment benefits- not just a time fine. So before quitting, discuss the issues with your boss and HR- give them a chance to find ways to support you, and show some effort into sorting things out with them, and make sure it is documented- and if all the above don't work, and you have been shown to try and make it work- then is the time- or you risk finding yourself with nothing- plust great difficulty in finding other work as your reputation will follow you, one way or another. Good luck.
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Old 01.04.2015, 10:54
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Re: voluntarily termination of the contract - can I get unemplyment benefit?

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Just continue with your job, but incompetently. Don't make your mistakes obvious, always apologise when they discover your errors, tell them you are very stressed at work.

Leave things out, lose documents etc etc. Then they will dismiss you. If you resign, or are seen as actively seeking dismissal, there are heavy penalties, as mentioned above.
Thanks for this tip.
I'm in a similar situation as OP but slightly worse.
I have spent 8 months at work. My contract ends after 4 more months. If my employer wants to push another annual contract in the following months, and if I decline to sign it, will I be eligible for unemployment benefits?
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Old 01.04.2015, 11:29
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Re: voluntarily termination of the contract - can I get unemplyment benefit?

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Hi there

I am in a similar position although I forced my employer into giving me some compensation as they were effectively managing me out! I am not sure if I am entitled to claim unemployment benefit as I received some severance money. Does anyone know the rules?
It generally has no influence - or let's say I have yet to hear from someone being declined unemployment money due to a severance by their previous company. A severance is a voluntary payment by your former employer, offered for whatever reason. It has nothing to do with public social insurance.

There might be a cap on the total amount, but I dare say it's probably pretty high.

You are, however, obliged to disclose you were paid a severance when applying for unemployment money.


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Thanks for this tip.
I'm in a similar situation as OP but slightly worse.
I have spent 8 months at work. My contract ends after 4 more months. If my employer wants to push another annual contract in the following months, and if I decline to sign it, will I be eligible for unemployment benefits?
Read the answers above, they still apply.

If you've worked in Switzerland - legally, i.e. including paying contributions into social insurances - for at least 12 months within the last 24 months, you are eligible for unemployment money. If you've worked here for less, you are not.

How your working was distributed, i.e. whether at the same employer or not and under what conditions (e.g. temporary vs permanent job), does not matter.
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Old 01.04.2015, 12:27
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Re: voluntarily termination of the contract - can I get unemplyment benefit?

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Dear forum members,

I kindly ask you to answer a question below as I am sure you are veryexperienced in these topics :




I would like to voluntarilyterminate my contract with employer.

They put me under strong pressure,stress , I am overloaded by work , the work I am doing is doesn'tcorrespond to the contract.



Am I entitled to unemploymentbenefit without any suspension?



Below document says that voluntarilytermination of the contract is the serious issue and is subject to suspension.
http://www.vd.ch/fileadmin/user_upload/themes/economie_emploi/chomage/fichiers_pdf/Brochure_Je_cherche_un_emploi.pdf


"
Attention:

donner vous-même votre congé sans avoir un nouvel emploiest considéré comme faute grave. Vous vous exposez à devoir subir unesuspension de votre droit aux indemnités. Adopter un comportement



qui donne à votreemployeur un motif de licenciement peut aussi être considéré comme une fautesanctionnée par une suspension du droit aux indemnités
While I would not purposefully do things wrong in the work, I would certainly kick back and relax and stop doing everything they ask if you if you feel it is too much and not in line with your job requirements. If you have got to this point now where you feel like quitting, then I assume you have already repeatedly spoken to HR and your manager detailing all of your grievances before it has got to this point?

And please... stop adding different fonts to your posts that make them annoying any more difficult to read, just use the standard default forum font.

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Hi there

I am in a similar position although I forced my employer into giving me some compensation as they were effectively managing me out! I am not sure if I am entitled to claim unemployment benefit as I received some severance money. Does anyone know the rules?
I would guess that you are still entitled to unemployment benefits if you meet the minimum criteria. Go and see and speak to them.

Last edited by Richdog; 01.04.2015 at 12:37.
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Old 01.04.2015, 12:42
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Re: voluntarily termination of the contract - can I get unemplyment benefit?

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Thanks for this tip.
I'm in a similar situation as OP but slightly worse.
I have spent 8 months at work. My contract ends after 4 more months. If my employer wants to push another annual contract in the following months, and if I decline to sign it, will I be eligible for unemployment benefits?
If you turn down a job offer, you will likely not get RAV benefits for at least 3 months, when unemployed you have to accept any job your offered paying. 70/80% of you salary with less than 4 hours of daily travel.

Your current employer will have to fill in a form, it will be clear you turned down a contract.
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Old 01.04.2015, 13:52
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Re: voluntarily termination of the contract - can I get unemplyment benefit?

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If you've worked in Switzerland - legally, i.e. including paying contributions into social insurances - for at least 12 months within the last 24 months, you are eligible for unemployment money.
No you are not - if you make yourself unemployed, as stated above and as stated in a previous post:

Quitting your job and RAV
Lately I've heard many a time of people, both Swiss and foreigners working here- saying that they've had enough and want to give up their job and sign on RAV.

An article written by a legal specialist in employment in our local paper has clarified the situation, following the case of an employee who gave up his job and then signed on and was refused RAV and appealed the decision- which was refused again. Legally RAV can refuse to pay unemployment contributions if the employee has not discussed any difficulty incurred with his job, his employer, mobbing, or whatever- and asked for help in solving such problems and made every effort to improve the situation. An employee cannot decide to just quit, without all procedures put in place to make every attempt to 'make it work' with the recorded support of the employer. In many cases, RAV can be merely delayed for a certain period- or refused all together. The advice is a/ to discuss any difficulties with the employer and work with them on resolving the issues and b/ ensure that you have a new post in place before quitting- or be faced with a refusal from RAV.

Article in the Neuchâtel Express employment section today.
Last edited by Odile; 26.04.2014 at 14:14.
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Old 01.04.2015, 21:30
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Re: voluntarily termination of the contract - can I get unemplyment benefit?

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Hi there

I am in a similar position although I forced my employer into giving me some compensation as they were effectively managing me out! I am not sure if I am entitled to claim unemployment benefit as I received some severance money. Does anyone know the rules?
I have also received severance payment, but it was not an issue with regards to the unemployment benefit. I have received that (as well) from day 1 of my unemployment.
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Old 01.04.2015, 22:26
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Re: voluntarily termination of the contract - can I get unemplyment benefit?

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That is the complete f...ing point! You really are a criticising wanker!

You need to show the unemployment office (Caisse, Kasse) that you did not get yourself dismissed deliberately.

Alternatively do what everyone else does, and find another job.
Not really Sbrinz, if you try and get yourself dismissed and the RAV contact your ex-employer and he says the guy did nothing and did everything to get dismissed, then this would be considered as a fault and unemployment pay would be delayed or penalised.

The RAV look for any excuse not to pay, that's their job !

By the way, resorting to swear words only shows poor knowledge of other suitable adjectives
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Old 02.04.2015, 00:07
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Re: voluntarily termination of the contract - can I get unemplyment benefit?

It's a pretty bad situation for employees stuck with bad employers, supervisors, etc. Is the average Swiss a 'bend your ass over' super-submissive employee?
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