does Anyone know what to do

A: My xboss has not paid my sallary for a month and half and now its been 3 months of waiting
b: has not paid my AHV
c:refuces to give back the AHV karte

does anyone know of leagal advice that i can use... please dont say
the "Arbeits amp" that was possibly the worst experience of my life . ( a person reading in a book to look for answers and then giving the wrong ones)

has anyone els gone through this pain?

(He is not Swiss by the way)

This situation deserves its own thread, so here it is...

To get a better picture, a few questions:

• Has the employer paid you before?
• Do you have an employment contract in writing?
  • If not, can you prove the employer-employee relationship otherwise? (e.g. wired payments)
• What's your permit status?

You will have to get in touch with the "Ausgleichskasse" (here's the link to the one for Basel-Stadt; if you've worked elsewhere, or remember the number on your AHV card, you can find the proper authorities here) to verify that the employer hasn't paid AHV and to get a new AHV card.

What you do about the outstanding salary depends on the above questions.

I have checked with my source and you only need to give your name and date of birth to the Ausgleichskasse and they should be able to find you AHV number and tell you if contributions have been made and to which fund.

My source also recommends getting legal advice. Which I think you have pretty much worked out for yourself.

Just as a side note. There are new AHV/AVS number id system that has recently been introduced and people will be receiving new different cards over time.

yep he paid the first month, i got the first paycheck, it was very late like the 9th of the month.
the next month just took longer and our problems just grew (he did not pay the second month).
I had an oficial contrackt. (it was a 50% contract, even though he wanted me to work 100% sometimes without conpensation or time off or anything)
and I have a Selbstandige B permit (this means I can work for myself or any other person).

The plot thickens as now I have recieved my AHV karte in the post from him, after many pleeds for it as it. And it is not stamped. (he told me he sent it in to be stamped)
I also been talking to the AHV people and They told me allready there is no stamp.
I am extremely sure he did not pay my health insurance either.

does anyone know how I can check this? would be nice to claim that back too, if he did not pay it.

It is an exception rather than the rule that the employer pays health insurance. In general health insurance is your own liability.

Sounds like you have a legal case for damages there. Just make sure the ******* doesn't get away with it and do it to anyone else. I really detest these people who do these sorts of things.

Do you have other ex-colleagues in the same position? Might be worth getting together with them and spreading the load.

Make sure you get as much evidence in writing as you can. Otherwise it's one persons word against another.

I wish I could be of more help.

Hmm... It is my understanding that it's not uncommon that employers don't pay the AHV contribution to the Ausgleichskasse until the end of the year or the end of January. So from the point of view of the insurer, nothing strange has happened yet and this might explain their "not my problem" attitude. So I propose to leave it at that for now and take action elsewhere. (Was this employer your first in Switzerland, or have you already paid AHV in the past?)

First I recomend you get some legal assistance. That can be a lawyer or another person who is familiar with Swiss law, but there's also another possibility. The lower civil court of canton Basel-Stadt offers 15 minutes counseling to its residents. (Go to an "Auskünfte in allgemeinen zivilrechtlichen Fragen" afternoon [Monday and Friday], you can register starting at 13:15, the sessions begin 14:00).

No matter which option you chose, it is essential that you have all documents ready! This includes the entire written communication between you and the employer: employment contract, salary bill and (fiscal) salary statement if available (you're legally entitled to recieve the latter two), plus any other notes and the proof that you got paid.

The first step you will be advised to make will most probably be to send a registered letter with your demands and an ultimatum to the former employer. These demands include the salary and the missing salary documents... You will need them for AHV and maybe the source tax later.

If the employer fails to comply, possible steps include Betreibung/Poursuite or a labor court case, but that's speculation from my side.

my first full time contract in Switzerland, the rest was freelance work.

I know now i have to check the AHV next year

as far as sending the letter to him , "eingeschrieben" and still no response.

so today the letters are going to Friedensrichteramt and then the whole court process is starting.

Im so annoyed with the guy for taking it this far.... but i need the cash and i have time on my hands.
k here is a bazarre question... Im anoyed with the guy right, so I wish to burn him for the illeagal **** but dont know whwrwe to start.

:for egsample he tells his clients he prints 23 000 copies of the mag but only prints 6000,
the first time he printed 20 000 and most of it was stored in the office.
so not distrubuted.

also publishing pictures from the net without permission which was hard to explain why its illeagal.

....for now I just want my sallary that I worked for...then I wish for things to be hard for him. but thats all childish fantacys

The AHV invoices the employers quarterly on account (Akonto) based on anticipated salaries. At year end, the employer must declare actual salaries. The AHV then sends the employer the final account.

But if the employer has not informed the AHV about a specific employee, then the AHV is completely ignorant of the situation. The AHV have not stamped the OP's AHV card. Apparently, the AHV is unaware of OP's employment.

OP should independently inform the AHV about the employment and deductions. The AHV will then intervene. It is a serious offense for the employer not to register and not to pay AHV contributions. The employer is personally and unlimited liable for AHV and cannot even hide behind a GmbH.

Apropos insurance, employer must insure employee against accidents at work, on-the-way-to-work, and freetime. If the place of employment is a workshop, then the insurer is the SUVA http://www.suva.ch/en/home_en
(access in English!)

Very enlightening, thanks! So he should get the AHV insurance involved after all, and expect a reaction. I have confused them with the employment office and their unhelpful behavior that was described in the original post.

the head, please report back, I'm interested how this turns out. I hope you don't have to wait too long.

Yes, OP should involve the AHV to:

• Ensure correct booking of AHV (social security) contributions.
• Establish record of ALV (unemployment insurance) contributions. That is a prerequisite to later claim unemployment benefits.
• Protect against allegations of illegal employment.
• Put tremendous pressure on the misbehaving employer.

The AHV office wants nothing to do with any of it now, I have to wait a year before i can follow up again with them so i set a reminder.

Employers must pay accident insurance.

This surprises me. What are the acceptable delays in notifying the AHV that an employee has started/ended emplayment?

In this case, it will probably be suggested that you contact the AHV office by letter.

Extremely unusual! Normally the AHV comes down on employers like a ton of bricks to ensure that payments are made. As Goldtop already said, payments are made on a quarterly basis for all employees, so your ex-boss is probably well in arrears for this. If you want to nail him, start there...

Find out from the above links where you can get an initial legal consideration of your position. It maybe a good idea to have legal insurance, as this may drag on a bit. It's not likely that your issue will be dealt with in 15 minutes; be prepared to pay CHF60 or so for a 'first hour' consultation, which will allow your advisor more time to consider the angles.

One very effective approach to inflict damage - if that's your want - is to approach the Tax authorities and declare your income, even if you're taxed at source. Go in the light of transparency and say you just want to be sure you don't owe any more tax based on the earnings your ex-employer obviously didn't register. Bring along copies all the documents you have given to the lawyer.

They'll look into it if they feel there's been fraud, and you'll have a positive relationship with the Tax department, which is no bad thing. It would make your ex-employers life a little less comfortable, the idiot.

The arbeitsgericht are hopeless for complex issues. My advice is get yourself a basic consultation with the big boys and follow their advice.

What goes around, comes around.