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Old 10.07.2020, 17:08
Ktyak Ktyak is offline
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Fire myself or Unpaid Leave for 2 to 3 months

Hi,

I'm the owner of a 1 man GmbH. I have an employment contract with the company I own.

I was eligible for a while for Kurzarbeit but was informed today that even though I was originally told I was eligible until 26/09/2020 and have the documentation to prove that unfortunately the legislation that allowed "owners" the special dispensation to claim Jurzarbeit had been suspended.

So the claim I made for June was denied.

So, as it is going to be some time [ 2 to 3 months .. ] before the potential customers of my business start to ask for my company's services again I need to stop paying myself a salary [ and all the accompanying employer costs: AHV, ALV, BVG, UVG etc ... ]

If I was in the UK I would simply suspend my payroll until I could restart it again [ and live off my savings ].

As this is my the start of my 2nd year here I am still learning what is and isn't allowed.

I have thought of two options:

1. Modify my contract to allow me to take unpaid leave. This would relieve my company of the need to pay me but it is unclear if it would also mean my company could stop paying BVG, UVG, AHV etc ... - would it ?? [ hope so )

2. Fire myself due to a lack of work. And then Re-hire myself when business picks up. Presumably this would definitely mean my company doesn't have to pay me anything and would also not have to pay anything to AHV, BVG, UVG etc. Would it ?

I have a B-Permit, I have sufficient funds to pay my rent/health insurance and living costs for some time.

Is there anything to stop me doing Option 1 or 2 ? Which would be better in terms of reducing my company burden to "pay" things?

Thanks in advance

Kt