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Old 03.05.2020, 14:12
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Unemployment rights for SME owners

Dear all, my four working colleagues are thinking about buying our small company (6 employees) from our boss who is going to retire. We are currently employees and even if we buy the company we will still be employees. We found conflicting information on our right to get unemployment benefit in the event our future company goes burst. Some websites say if we are owners/share holders we do not have right to unemployment benefit. I find this weird since we would also be employees contributing to social security. Could anyone help or tell us where to turn to for advice? we are EU citizens and have been working in Switzerland for some years now...
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Old 03.05.2020, 15:18
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Re: Unemployment rights for SME owners

The basic rule is that if you are in a position where you by contract have the right to decide how the company handles your own position that the unemployment agency will judge your request for unemployment money and might deny it depending on the exact circumstances.

Else you could for example pump up your salary for a year, fire yourself, sell the company and claim a big bunch of money for unemployment.

Just being a shareholder is not enough, my wife for example has one share in the company she works simply for the fun of it, but has no influence on her own position.
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Old 03.05.2020, 16:38
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Re: Unemployment rights for SME owners

This Swiss Federal government SME Portal webpage is called "Unemployment insurance and position comparable to that of an employer" and might assist you (English):

https://www.kmu.admin.ch/kmu/en/home...-employer.html
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Old 03.05.2020, 20:50
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Re: Unemployment rights for SME owners

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Else you could for example pump up your salary for a year, fire yourself, sell the company and claim a big bunch of money for unemployment.
Wouldnt that be illegal? Or at least something that ORP would see through, and prevent from happening?
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Old 04.05.2020, 13:29
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Re: Unemployment rights for SME owners

Dear all, thanks for the quick reply, I will call the number in the links you sent!
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Old 04.05.2020, 13:51
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Re: Unemployment rights for SME owners

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Wouldnt that be illegal? Or at least something that ORP would see through, and prevent from happening?
It is only illegal if forbidden by law which is not the case.

Politicians gave ORP the power to refuse or reduce payments for unemployment in such cases.
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Old 06.05.2020, 00:53
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Re: Unemployment rights for SME owners

Quote:
It is only illegal if forbidden by law which is not the case.

Politicians gave ORP the power to refuse or reduce payments for unemployment in such cases.
So... there is a law in place to prevent such abuse of the system?
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