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Old 18.02.2015, 12:57
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GmbH creation vs spouse unemployment

Hi,

Imagine a situation: married couple, both foreigners from EU, with B permits. One person creates a company (GmbH), either as 1 owner or with another co-owner (so 2-3 people max), as a side job (so still employed with another big corporation).
The wife is on unemployment, let's say 1 more year till the end of it. Will RAV stop for her if he creates a company? Does it make any difference if he is a sole owner or a co-owner? Maybe it is better to create AG in that case (I know the money requirement)?
Where can I possibly get that info? I've looked through EF, but couldn't find much (or I just don't know how to look )

Anyway, I would appreciate any inputs/thoughts. Thanks a lot in advance!
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Old 18.02.2015, 13:26
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Re: GmbH creation vs spouse unemployment

Well, RAV is the obvious place to start asking questions re your wife. As far as I can see if you alone start up a company why should it impact on her unemployment benefits? If she's co-owner maybe, but I really don't know.
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Old 18.02.2015, 14:18
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Re: GmbH creation vs spouse unemployment

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Hi,

Imagine a situation: married couple, both foreigners from EU, with B permits. One person creates a company (GmbH), either as 1 owner or with another co-owner (so 2-3 people max), as a side job (so still employed with another big corporation).
The wife is on unemployment, let's say 1 more year till the end of it. Will RAV stop for her if he creates a company? Does it make any difference if he is a sole owner or a co-owner? Maybe it is better to create AG in that case (I know the money requirement)?
Where can I possibly get that info? I've looked through EF, but couldn't find much (or I just don't know how to look )

Anyway, I would appreciate any inputs/thoughts. Thanks a lot in advance!
There are possible situations where someone who has a role like "employer/business owner" may be denied unemployment benefit. See "quasi-Arbeitgeber": (German)
http://www.beobachter.ch/arbeit-bild...eitslosengeld/

See also here (German) http://www.bsv.admin.ch/kmu/ratgeber...00741/?lang=de , section beginning "Unselbstständig erwerbende Personen..."

The rule is designed to limit misuse like someone employing themselves, then sacking themselves, in a continuous cycle, to maximise benefits. Or, so they say.
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Old 18.02.2015, 14:31
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Re: GmbH creation vs spouse unemployment

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There are possible situations where someone who has a role like "employer/business owner" may be denied unemployment benefit. See "quasi-Arbeitgeber": (German)
http://www.beobachter.ch/arbeit-bild...eitslosengeld/

See also here (German) http://www.bsv.admin.ch/kmu/ratgeber...00741/?lang=de , section beginning "Unselbstständig erwerbende Personen..."

The rule is designed to limit misuse like someone employing themselves, then sacking themselves, in a continuous cycle, to maximise benefits. Or, so they say.
But that only applies to the person owning/working in the company. I don't see why the spouse's entitlements should be affected by the GmbH - one of the purposes of that company form is that it is a separate legal entity in its own right
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Old 24.02.2015, 15:50
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Re: GmbH creation vs spouse unemployment

Hi, I visited RAV and I kind of felt like in my own country they said it is not them deciding, they gave me a phone number to some Berfusinformationszentrum where a nice lady told me I should call RAV anyway, she did that for me (I think due to the fact that my german is quite bad). She said that if one spouse creates a company and does not employ the other one, the other one can get the unemployment benefits (they will not be affected).

Thanks for all the inputs!
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