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Old 06.10.2012, 19:37
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Refused unemployment insurance

Hello,
I am non-EU B-Permit holder, in Swiss since about 4 years.
My work contract was initially terminated with last working day as 31 July.
I received the letter stating the same and submitted it to RAV and UNiA.
I later requested my firm to let my email id and records be active with the company until 30 Sep, without being paid. This was to facilitate finding another position with the same company. (Usually when you are already in the same company, and your email id is active, its much easier).

Now, I have received salary only until July end, so technically I should start receiving unemployment benefits from August. But UNiA decided to pay me only effective October since I had a relationship with the firm. BUT my point is that the relationship was only for admin purpose and there was no work-money relation at all. They dont seem to agree Any way to convince them, or escalate this ? Thank you !
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Old 07.10.2012, 00:10
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Re: Refused unemployment insurance

You can try discussing it with them but you really should end your contract in all ways. I see where you're coming from but don't complicate things in an already nitpicky Swiss system where they prefer to dish out the worst socially-acceptable treatment to non-Swiss. I had a very positive experience with the RAV although I did not need to take the benefits ultimately: they had forms in various languages and even had an English language guidance session just for foreigners! I was expecting shit actually since I am a coloured, non-EU national and I had resigned for reasons acceptable enough to me. They actually were willing. You should terminate your agreement because you have kept your former employment active until 30th September and when they do their checks you'll still be "employed". I am normally critical of the nitpicking in the system towards foreigners but in this case I'd say you should not have extended your relationship with your former employer needlessly.
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Old 07.10.2012, 00:18
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Re: Refused unemployment insurance

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Hello,
I am non-EU B-Permit holder, in Swiss since about 4 years.
My work contract was initially terminated with last working day as 31 July.
I received the letter stating the same and submitted it to RAV and UNiA.
I later requested my firm to let my email id and records be active with the company until 30 Sep, without being paid. This was to facilitate finding another position with the same company. (Usually when you are already in the same company, and your email id is active, its much easier).

Now, I have received salary only until July end, so technically I should start receiving unemployment benefits from August. But UNiA decided to pay me only effective October since I had a relationship with the firm. BUT my point is that the relationship was only for admin purpose and there was no work-money relation at all. They dont seem to agree Any way to convince them, or escalate this ? Thank you !
There's a waiting period before you get your first payment (think it's at least a month) so you wouldn't start receiving unemployment benefit on the first day of your unemployment anyway.

They should have explained this to you in detail at the information meeting you would have attended within a couple of weeks of registering with the RAV.
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Old 07.10.2012, 00:52
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Re: Refused unemployment insurance

Has Unia quoted a relevant legal guidance? The RAV is separate from the unemployment insurance, and they might be able to help you. It does seem silly, but there are endless unemployment laws and usually the insurance have no leeway. Talk to your RAV advisor, see if he can help you.
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Old 07.10.2012, 02:15
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Re: Refused unemployment insurance

When someone quits his job, then UNiA starts paying after 2-3 months. Only if someone is layed off, he/she then gets the benefit right from the following month.

If you want to ''fight'' further, then ask your ex-employer to send a letter to your RAV advisor explaining the situation in detail.

In general, RAV/UNiA is fair but it always depends on how cooperative (and flexible) your advisor is....(my wife had both a dramatic and very positive experience at two different RAV offices).

Having gone through a lot during my wife's (negative) experience....you should often question what your advisor claims you are eligible to get!!!
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Old 07.10.2012, 10:51
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Re: Refused unemployment insurance

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Has Unia quoted a relevant legal guidance? The RAV is separate from the unemployment insurance, and they might be able to help you. It does seem silly, but there are endless unemployment laws and usually the insurance have no leeway. Talk to your RAV advisor, see if he can help you.
I suspect they will say the OP was working with zero salary, the benefit is calculated as the average of last 12 months pay.,,,,,,,,

Without knowing the salary & if you have children it's impossible to know what your waiting period is. It could be 0-25 working days.
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Old 07.10.2012, 20:27
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Re: Refused unemployment insurance

This is a case where I have not resigned, it is the decision of the employer. Yes, the initial wait period is ok, guess it is some 5-10 days. But this is a case where they want to not treat the last 2 months as being unemployed. they want to start the period directly from 1st October. By the RAV advisor has been very kind, but as is mentioned by some others UNiA and RAV are different agencies.
The employer did try to explain, but no luck yet
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