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Old 01.04.2020, 10:39
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Technical Chomage

Hello. unlike the usual "a friend i know" this really IS a friend I know, so any help appreciated. He has been told he will move to technical chomage for 3 months from next month, i.e. Government will pay 80% of wages, and the company are going to top up the rest. Sounds good. but the detail sounds shady to me: he is being moved to 50% technical chomage, i.e. company pays 50%, government 50% (well 80% of 50%) BUT.... he is expected to work 100%.

I havent looked into this, but is that allowed ? i.e. can you ask for government salary assistance as a company based on loss of income (presumably) and continue to ask your workers to work 100% ? I thought the workers work percentage had to map to the request for salary assistance by the government.

thanks
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Old 01.04.2020, 10:40
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Re: Technical Chomage

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Hello. unlike the usual "a friend i know" this really IS a friend I know, so any help appreciated. He has been told he will move to technical chomage for 3 months from next month, i.e. Government will pay 80% of wages, and the company are going to top up the rest. Sounds good. but the detail sounds shady to me: he is being moved to 50% technical chomage, i.e. company pays 50%, government 50% (well 80% of 50%) BUT.... he is expected to work 100%.

I havent looked into this, but is that allowed ? i.e. can you ask for government salary assistance as a company based on loss of income (presumably) and continue to ask your workers to work 100% ? I thought the workers work percentage had to map to the request for salary assistance by the government.

thanks

Nope, not allowed
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Old 01.04.2020, 10:42
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Re: Technical Chomage

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Nope, not allowed
thanks, its a medium sized company too. we are suitably suprised.
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Old 01.04.2020, 10:57
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Re: Technical Chomage

BTDT, it is illegal to work more than 50% (or whatever) that the company is paying.

Tom
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Old 01.04.2020, 11:04
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Re: Technical Chomage

This from another thread.

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A few extra inputs.

In the Suisse Romande, it's called Chomage Technique, or réduction d'horaire de travail (RHT) with the Geneva link here https://www.ge.ch/reduction-horaire-travail-rht

An employer can use this for a minimum of 10%, and upto 100% of the employee's activity rate. It's for between 3 and max of 12 months. Usually its for 3 months at a time.

It should be applied evenly across teams, where there's been a reduction in work and should include the team manager.

The rules have been relaxed to allow it to apply to temporary staff (where it's related to the coronavirus).

The salary cap of CHF 148,200 still applies.

Even though the employer will receive the indemnity of 80% of the reduction in activity rate, nothing stops them from topping up to 100%.

The employee needs to agree. In a small enterprise, it would be wise not to refuse. An employee should not be threatened with, or terminated for refusing to agree.

It does not prevent someone from being terminated during the period it is being paid, however it's purpose is to prevent the need for someone's employment to be terminated. If the termination is really necessary, it should take place on their return.

It does not affect the right of someone to later apply for chomage, if their employment is later terminated.

AVS continues to be calculated on 100% of the salary that is subject to AVS.

I am not a lawyer, I'm one of them HR drones trying to protect the jobs of 900 staff. So far all legal advice I've been taking throughout this situation, loses value faster than a Zimbabwean dollar.

P.S. Folks with a Carte de Legitimation cannot participate.
https://www.englishforum.ch/employme...ml#post3163812
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Old 01.04.2020, 11:08
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Re: Technical Chomage

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Nope, not allowed
Loads of companies take the piss this way, I have seen it all before.
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Old 10.04.2020, 18:39
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Re: Technical Chomage

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I thought the workers work percentage had to map to the request for salary assistance by the government.
It does, and I would not want to be in that employers shoes if the authorities hear about what they're doing.
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Old 11.04.2020, 07:28
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Re: Technical Chomage

I think the word you seek here is Fraud...

It is like akin to claiming your unemployed while you're working...

And I don't think you as an employee is going to be treated as the innocent party here.

Did they ask you to work 100% in writing? If the place is run by such despots do you honestly think they will stand up to be counted if the authorities come over.

They will tell them, they told you to go home, but you refused.

Fraud.
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Old 11.04.2020, 16:47
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Re: Technical Chomage

Maybe not fraud but probably something similar, probably illegal.

I'd reply that I had to learn the hard way that anything and everything related to my work contract requires the written form (not legally but in practice), including temporary adjustments. So, could they please formulate their request by (e)mail, together with a clear explanation what that means WRT hours worked, salary due and what percentage would come from which source. Also, which regulations this would be regulated by and what that would mean WRT social security payments.

If it is indeed illegal they would hang themselves that way, so they're highly unlikely to provide anything written. Which relieves you from having to say "Thanks, but no.".
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Old 18.05.2021, 08:48
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Technical Chomage- the rules?

My wife will go on technical chomage again this summer, she did so last summer too.

Last summer, what this meant in effect was they paid her only 80% of her normal salary, there was no top up? I don't recall what the working situation was, but it was light I recall as the summer camp that takes place was cancelled.

The company is talking about technical chômage again this summer [but with a summer camp running] and I thinking this is in fact a scam to pay everyone less, am I wrong?
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Old 18.05.2021, 08:58
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Re: Technical Chomage

Chomage does reduce your working hours, and pro rata the salary that you are receiving from your employer. For the part that is reduced, that unemployment insurance covers 80% of lost salary.

So if she in total receives 80% of salary, the employer has put her hours to zero and consequentially salary to zero. ALV pays 80% of lost salary, so in total you do not work at all but get 80% salary from ALV, paid through employer. If they want you to work, they are scamming the ALV.
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Old 18.05.2021, 08:58
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Re: Technical Chomage- the rules?

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My wife will go on technical chomage again this summer, she did so last summer too.

Last summer, what this meant in effect was they paid her only 80% of her normal salary, there was no top up?
There is no "top up" above 80%.

Tom
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Old 18.05.2021, 09:02
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Re: Technical Chomage- the rules?

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There is no "top up" above 80%.

Tom
Correct, although some companies have done this voluntarily during Covid.
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Old 18.05.2021, 13:41
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Re: Technical Chomage

Is this a covid-19 measure? or did technical chômage exist before? I only ask cause I wondering if this is going to be a regular thing every summer??
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Old 18.05.2021, 13:43
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Re: Technical Chomage

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Is this a covid-19 measure? or did technical chômage exist before? I only ask cause I wondering if this is going to be a regular thing every summer??
It existed before, back in 2008 we were doing 20% for a while, with 80% covered by the state (at 80%, difference topped up by the company).

Tom

Last edited by st2lemans; 18.05.2021 at 14:14.
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Old 18.05.2021, 14:12
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Re: Technical Chomage

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Is this a covid-19 measure? or did technical chômage exist before? I only ask cause I wondering if this is going to be a regular thing every summer??
It has been a long standing measure in order to prevent lay offs for limited periods of low demand. So the empliyee keeps the job and social security, the employer keeps its staff and can react flexibly to demand, and the ALV covers temporary salary reductions.

It is used quite often for seasonal jobs, like tourism or construction.
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