I am hoping for some advice because I'm feeling a bit overwhelmed by situation and have no idea what to do... I quit my job 3 months ago with a view to leave switzerland. Since my employer helped me arrange my accommodation and my boss even co-signed the rental contract, upon giving my notice I asked them what actions I should take about the apartment, they said they would try to pass it on to another employee since they are hiring lots of new people right now, this means I wouldn't have to get rid of my furniture. After that they did not advise any further even though I asked several times. To cut a long story short they arranged with my landlady the move out date and I didn't really have enough time to clean it to a state that my strict landlady was happy with, she did not accept the handover. Furthermore I have not been paid my final months salary at all since they want to withhold it incase they incur any charges from me moving out - they paid the deposit. I don't think they are allowed to do this but anyway they say they will pay it back after the move out is complete (in 1 month) as long as I pay any charges or otherwise I can work some extra days to pay the costs :/
I moved back to UK yesterday since I no longer have a place to stay but I have not yet signed out since I'm not sure if it would be worth it and if I would be eligible for RAV unemployment benefit or something. I have a B permit with about 1 year left... and since I didn't get paid I could kind of use the money.

and a sidenote... I'm not sure how to fight this company since a colleague of mine is already involved in a lawsuit after being illegally fired and rumour has it his union lawyer got fired as the company tried to bribe them. It seems they are not afraid of pulling dirty tricks and have quite good connections with officials.

I would really appreciate any advice or even if anyone knows some agency or somebody I could call for advice since I really don't know anything about my rights or the law or this whole procedure, I feel like I really need some help I am a little bit out of my depth.

oh i sorry incase it didn't make sense- I quit 3 months ago, as in, i gave my notice and the notice period is 3 months so i have only recently left.

Probably best to focus on getting a job in the UK now.

As they are guaranteeing the apartment, it's not surprising that they are withholding your last salary as security. Once you have gone they will have little chance of recovering any expenses, they know you have no money as they had to make the flat deposit on your behalf.

I'm sorry to say that some of this you have made worse for yourself, you should have gone to the RAV as soon as you quit and you should have officially left the country if you don't intend coming back. If you are eligible for RAV money you need to have paid in for a minimum of 12 months - if you didn't then forget it. Search for it and there are lots of answers here.

Because you quit they will punish you, because you didn't register with them when you quit they will punich you unless you can prove you have applied for at least 20 jobs since you quit (2 months x 10 is the minimum).

Concentrate on finding work and forget the rest, write it off to experience.

Sorry to be hard, but realistically it is the best way unless you hire a lawyer to fight your old company. If you stayed here and fought maybe it would have been handled by your insurance or local authority.

Like Phil says, concentrate on finding work.

cool that makes sense thanks for the advice it feels better just to get some opinions from people with experience in this. I will sign out in that case. I heard its possible to do this from abroad if you send them a registered letter. If anyone knows where I can find info on that it would be much much appreciated too.

Your location states Luzern, so here's the link to the relevant page of the Luzern City Administration with the necessary information on what to do when deregistering/leaving etc.

http://www.stadtluzern.ch/de/onlinem...d=3&thema_id=5

I'd also give them a call to be absolutely sure, however, as regards your eligibility to do this from abroad...

HTH.

Nigel, RAV is really cracking down hard on people who voluntarily quit their job as it is happening too often these days. Unemployment benefits are for those who lose their job through no fault of their own, not for those who quit. I posted a thread recently about someone who quit their job, and was refused RAV. He went to appeal and lost- because he didn't discuss his difficulties with management and ask for help, didn't make every effort to solve the issues, with the support of management- just said later that he felt under pressure.
You have to be able to show and document that you tried to deal with any problems, seek help and work on advice given, etc- or if you do not, RAV can be, not just delayed, but point blank refused altogether, and there is little you can do unless you went through the proper procedures and made every attempt to find a new job before you left.

Odile, I know that's why I put in the bits about punishment. I read your other thread when you started it - just didn't comment on it. Everything you said is true, also everything I said.

Bottom line is the OP should have gone to the RAV as soon as they quit regardless of what punishment may be due.

Of course- my point was that RAV does not only give penalty of weeks or months if you give up your job voluntarily, but can refuse altogether unless the proper procedures were adhered to.

I'd like to thank you all sincerely for your help and advice as it sounds like i would have just been wasting time and money trying to go to RAV and actually its a lot less hassle for me to just sign out

I'm feeling optimistic about my opportunities in london!

thanks again guys! wish you well

I don't believe they can 'refuse altogether', they might try but will loose on appeal. The law is clear. There is no definition of 'proper procedures' so again they can & do play games, but are regulated by Swiss law.

As salary is based on last 6 months earnings, if you delay 6 months before applying you will have an insured salary of 0.

Correct. They can't refuse and if they do, they wouldn't stand a chance in court. These days even less as employees are often systematically forced into resignation and not every company is an MNC where there's usually plenty of protective processes, counseling services and whatnot. In small companies - which still make up the majority of all employers in this country - it's very easy to force someone out and there are no "procedures" whatsoever to follow. Even the RAV knows this and if they don't, every lawyer and court sure does.

I recently posted about a case highlighted by an employment legal specialist on exactly such a recent case in Romandie, in our local paper employment supplement The employee gave his notice and later explained to Chômage/RAV that he had done so due to pressure of work, mobbing, etc. He was refused payments altogether because he had NOT discussed this with his employers and tried to find solutions. He went to appeal Tribunal and lost.

The advice therefore was to always seek help and advice/support and try and implement such- otherwise you could well be refused altogether. The Court deemed that as he had not discussed issues with employer and sought, with their support, to remedy problems- he didn't have a leg to stand on.
This case sets a legal case/PRECEDENT for others in the same situation in Swiss Law.

Quitting your job and RAV

I don't believe the Swiss legal system relies on Precedents, the case is based on its merits.

Any link to the quoted wording of the law in French or German please .

A member was turned down for Benefits & asked for advise, I was able to point out why he was entitled to benefits , the RAV then processed the claim. Same situation for myself .....

I gave the date and the name of the paper the other day- gone to recycling by now. It pointed out that RAV/chômage payments was only for people who lose their job through no fault of their own, not those who choose to make themselves unemployed for whatever reason- without making every attempt to solve any problems/issues with the employer ot its agents.

It is clear that there is a minority nowadays who work the statutory minimum time and then 'take a holiday/break' at the fund contributors' expense- and it's been decided to stamp on this- rightly or wrongly, that is for another thread.

Well if you just work 12 months you get less benefits , so the Revision 2 years ago prevented that abuse. They did however change payout based in average salary over the last 6 months , rather than 12 months so it's now possible for 70% payout to give you a higher salary than you earned in a year.

Not sure you are listening here FMF

You can be refused altogether, even if you have worked for quite a few years in same firm- if you make yourself unemployed voluntarily without discussing any problems or issues with employer and making every effort to get over those, with their support, and make sure this is recorded properly-before you do give notice in (no indication for how long this is required btw- a sensible period of time, whatever).