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Old 12.09.2014, 01:45
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Social benefits and employer liabilities

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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Old 12.09.2014, 02:20
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Re: Social benefits and employer liabilities

Swiss law always protects the workers before the directors or the shareholders. If the company goes bankrupt your final payments may be delayed, but you will be paid, usually within 12 months.
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Old 12.09.2014, 04:02
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Re: Social benefits and employer liabilities

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Swiss law always protects the workers before the directors or the shareholders. If the company goes bankrupt your final payments may be delayed, but you will be paid, usually within 12 months.
Is it guaranteed by the state? Or some sort of insurance?

The problem now is not just the final payments, but the accrued 13th month pay of the last 3 years.
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Old 12.09.2014, 13:25
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Re: Social benefits and employer liabilities

The bankruptcy court would be paying you, if the company fails.

For the outstanding 13 month payments, are you sure they are not a bonus? If the 13th salary is promised, you can take the company to court, almost free of charge, by making a demand for payment. Go to your local Betreibungsamt.

Filing a Betreibung: Missing salary
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Old 24.01.2017, 22:44
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Re: Social benefits and employer liabilities

Hello

Does anybody know, where can a person check if the AHV is being paid?

Thank you

Tanja
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Old 25.01.2017, 00:00
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Re: Social benefits and employer liabilities

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Hello

Does anybody know, where can a person check if the AHV is being paid?

Thank you

Tanja
Pick your canton here and then take it from there: http://www.ausgleichskasse.ch/portal/index.asp
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