Hi,
I have been reading this forum for the last hours but could not find the answer I am looking for. So I hope someone could give some legal advice on the following situation:
I am a non-EU B-permit holder, been living in Switzerland for 7.5 years. I work for a small company, but now it seems the financial situation is rather shaky and may potentially go bust. But I just want to be sure I am covered...
The employer owed 3 months salary in total (13th month pay for last year years were not paid out). Monthly salary almost always paid out later, sometimes not paid until the middle of the following month. Then, lately I learned that the pension fund had not been paid for long time despite it being deducted from the pay every month, along with all required deductions: old age, pension, unemployment insurance, accident insurance, etc. (My boss is squeezing every penny now to pay towards the pension funds to avoid bankruptcy, then of course, delaying salary.) I have the impression that he still owes the "government" other contributions.
Well, I really enjoy the work I am doing, and I see the potential, and I learned a great deal of things. This is the reason I still work for the current company. Perhaps this is the downside of working at start-up, especially when it comes to financial. However, please, I am not asking for answer like "quit your job" or "you are stupid for staying this long" kind of feedback, but some good legal opinions about what kind of S**T I might get into.
So, my questions are, just three:
1. If the employer did not pay for those mandatory social contributions, especially unemployment insurance, what are the consequences? Will I still get unemployment benefits? How about accident insurance? - even though these are statutory obligations which I have no control over (for it is the employer obligation and taken out from my salary each month).
2. If the company (GmbH) goes bust, what channels can I pursue in order to recovered accrued the salary owed? I know pretty sure that this company has no assets apart from some computer hardware equipments. Is the salary payment insured, or guaranteed by the employment law? What are the shareholder's liabilities in Switzerland in the "limited liability" company law?
3. How do I make sure the company has actually paid towards those contributions? I know where to get the statement for old age, but I am not sure about the income tax contribution, accident insurance, unemployment insurance, etc. I live in Basel, would be nice if you just point me to the right direction to request such statements.
Many thanks in advance.
j.
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