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Old 19.01.2018, 18:19
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Re: Unemployment benefits - CEO of 'my own company'

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Hi all,

The situation is as follows:
  • I am director in a LIMITED company (SA/AG).
  • I was one amongst the initial promoters / shareholders of the company, but am not the only shareholder.
  • Currently, I am the only employee in the company.
  • The company is regularly contributing 'assurance chomage' (unemployment insurance) for me since 5+ years.

Q1 : Am I entitled to unemployment benefit?

This question has arisen as my insurance advisor tells me that as CEO of my own company I am not entitled. Is a 'limited company' my own? Also, In view of the fact that I have no intentions of claiming unemployment allowance, why should the company continue contributing towards it? If it is mandatory to contribute (which it is) can the resultant benefits be denied?

Q2 : What can be a good alternative structure for my 'one man SA', to continue the business while optimising contributions?

Should I change the structure of the company, or should I start showing myself as independent, or self-employed? Here, 'optimisation' is not avoidance, but instead to stop incurring expenditure for a non-existent benefit.

Thanks in advance for your replies.

SVA
As an employee of the company you have to leave the company, ideally be sacked unless it goes bust.
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