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Old 17.01.2008, 14:34
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Working conditions/RAV calculation for unemployment pension/ quiting job

This is an hypothetical question of an hypothetical situation of this person that i have just met.....

So, lets imagine a person with an B-EU permit arrives in Switzerland and works for 3 years. For budgeting purposes, lets imagine she earns 50k CHF/year After 3 years, she leaves her company starts to collect unemployment. 3 months after, this person eventually find a job. Her salary is now 75k/year. After 18 months of hard labour, she starts to consider quiting her job. If she just quits, she is aware she will be penalized with a 3month delay on collecting her money. Nevertheless, she wants to do it.

Questions are - how would be the unemployement pension calculated? Is it prorated? is it an average of her 2 combined last salaries? is the the last few salaries she earned? Would there be any chance that she wouldn't collect her money at all?

Which lead us to the second part of the question - of course this person would not be taking such drastic measures if she didn't have very good reasons for doing so.
Lets just assume that in spite her resignation letter stating that she leaves due to personal reasons, the reality is somehow different. Off the record, this person will claim that she being put to an unbearable ammount of pressure, is forced to forced to commit to unreasonable deadlines. Mobbing is apparently a common practice in her working environment. She will also say that allegadelly her working conditions are very close to modern day slavery. In her 18months with the company, she was allowed to take a mere 10 days of vacations, for example. She might also addd that she is forced to work 20h long days on several weekends in a row, on distant countries, Lets just say this person has standard Swiss contract (42h, no overtime is paid, it refers to the OR).
For this person at the end of the day, it would be a matter of chosing the less bad alternative. Either she calls it a day while she has her health intact or stays and risks running into breakdown. Lets say the this could be plausible scenario, and she has already being on sick leave due to stress a few times. Although she has voiced her complain to HR in several occasion, they are unavailable to comment and still pondering on what actions to take.

Questions are - is there any legal mechanism in Switzerland to protect the employes from these sort of abuses? How to activate it? Would these circumstances be considered relevant when hypothetically building her case for the RAV? What would be the best way to document this whole situation?

Many thanks in advance for your help.

Last edited by lucy_sg; 17.01.2008 at 14:36. Reason: formating issue
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