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Old 19.01.2016, 18:02
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Employer closing company whilst pregnant

Hi Everyone,

I would like the forum users advice as I have tried to search several resources and have not found any relevant info. I am currently 11 weeks pregnant, I am employed full time, I know that my employer cannot fire me until after Maternity leave. However, there are rumours that my employer will close the company and I am worried of the financial situation it will leave me in. I am worried that if I become unemployed and I go to the RAV that they will say that as I am pregnant I am not in a position to look for work. Will I also be eligible for maternity pay? If find a job & are not eligible because I haven't worked for the company long enough, will there be some other benefit available?

p.s. I created a new username as a few people on the forum know me and I have yet to tell anyone other than my Husband and close family I am pregnant.
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Old 19.01.2016, 18:22
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Re: Employer closing company whilst pregnant

If you are able to work, then you will be expected to look for work when pregnant. If your doctor puts you on sick leave, then you can still get RAV assistance, just as if you were working or looking for work.

As far as I know, the maternity leave conditions will be standard, and you certainly will be expected to look for work during the pregnancy that you can begin after the maternity leave, if not before.

Rumours are just rumours... best to not worry and to take the opportunity to think about what you want to do 'in an ideal world'.

It's a good idea to think about 'downsizing' anyway financially before the baby comes...if you can...

The eligibility for maternity leave is not tied to one employer...you can work for one for a few months, then another one...as long as you have been paying in to the insurance system through your employment and satisfied the requirements.

A summary is here: https://www.ch.ch/en/maternity-leave/

It says quite clearly that you need to have worked 9 months prior to the maternity and 5 months of the pregnancy to qualify... and still 'employed' at the time of the birth.

It also says quite clearly that you cannot be dismissed whilst pregnant...so there may be a situation where even if your employer 'wound up' the company during your pregnancy, they would have to pay for your employment for the duration of the pregnancy, plus the duration of the maternity leave, and could only give notice the first day that you are required to be back to work after this period.

I have seen this happen. The employer was in the process of terminating the employment due to poor performance, the employee was aware of this, and the day that the employer served notice of termination, the employee said "oh, but I'm pregnant" - they were then legally entitled to continue their employment right through the rest of the pregnancy and maternity leave and the 3 months notice period of their contract, before finally completing the termination of the employment... it was the employer's choice whether to require them to attend work or ask them not to turn up for work...and the employee's right to get a medical certificate if they were unwell and unable to work... it was a very long process - 8 months pregnancy, 4 months maternity leave, 3 months notice period... and a lot of legal advice on both sides and paperwork to make it all legally watertight...
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Old 19.01.2016, 18:43
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Re: Employer closing company whilst pregnant

http://www.bsv.admin.ch/themen/eo/00...x.html?lang=it
From this it seems that if you are getting unemployment benefits at the time of birth and have worked for at least 5 months during the pregnancy you are eligible for maternity benefits, doesn't matter if fulltime or not it seems.
So to answer your question if this 5 months over 9 months working criterion applies it doesn't matter how long you worked for your future employer, this is a social insurance.
I assume you are eligible for RAV benefits, you would have those in any case. You don't receive maternity and rav toghether, i would guess RAV is delayed as maternity has priority. Why would RAV tell you you can't work because you're pregnant? They will require you to look actively for work even though it might be useless (don't know if employers like hiring pregnant women), but it's required.
I would not worry too much, if it comes to it just get in contact with the cantonal compensation office.
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Old 19.01.2016, 19:42
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Re: Employer closing company whilst pregnant

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Hi Everyone,

I would like the forum users advice as I have tried to search several resources and have not found any relevant info. I am currently 11 weeks pregnant, I am employed full time, I know that my employer cannot fire me until after Maternity leave. However, there are rumours that my employer will close the company and I am worried of the financial situation it will leave me in. I am worried that if I become unemployed and I go to the RAV that they will say that as I am pregnant I am not in a position to look for work. Will I also be eligible for maternity pay? If find a job & are not eligible because I haven't worked for the company long enough, will there be some other benefit available?

p.s. I created a new username as a few people on the forum know me and I have yet to tell anyone other than my Husband and close family I am pregnant.
How long have you been working in CH?
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Old 19.01.2016, 19:56
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Re: Employer closing company whilst pregnant

I have been working here for more than 4 years, for the same company, for nearly all of these 4 years.

I would obviously look for work if I am fired, I just heard from a friend that the RAV advisor was very dismissive about her pregnancy saying that she should just stay at home instead of even looking.

so now I just have to keep my fingers crossed that either make it to 5 months without the company closing or find a temporary position to make it up to 5 months,

Thanks for your replies.
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Old 19.06.2019, 12:50
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Re: Employer closing company whilst pregnant

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I have seen this happen. The employer was in the process of terminating the employment due to poor performance, the employee was aware of this, and the day that the employer served notice of termination, the employee said "oh, but I'm pregnant" - they were then legally entitled to continue their employment right through the rest of the pregnancy and maternity leave and the 3 months notice period of their contract, before finally completing the termination of the employment... it was the employer's choice whether to require them to attend work or ask them not to turn up for work...and the employee's right to get a medical certificate if they were unwell and unable to work... it was a very long process - 8 months pregnancy, 4 months maternity leave, 3 months notice period... and a lot of legal advice on both sides and paperwork to make it all legally watertight...

Hi Swisspea,

Do you know what the right organization that deals with this issue (pregnant while company declares bankruptcy?) is? Thank you very much!
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Old 19.06.2019, 20:41
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Re: Employer closing company whilst pregnant

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Hi Swisspea,

Do you know what the right organization that deals with this issue (pregnant while company declares bankruptcy?) is? Thank you very much!
This webpage explains what the pregnant person should do when the employer bankrupts (translated):

"In the event of bankruptcy of the company during pregnancy or maternity leave of the employee, the employee must enter the mass claim of the total payroll or the company maternity contributions as a claim in bankruptcy. The opening of a bankruptcy and the closure of the business mean that the employer has defaulted on the basis of Art. 324 CO, which causes these claims to become due."

https://www.infomutterschaft.ch/in_e...s_unternehmens

There might be several other points to bear in mind:

1. RAV Insolvence Compensation: RAV can pay up to four months of salary for employees impacted by a company's bankruptcy. See this (English):

https://www.arbeit.swiss/secoalv/en/...insolvenz.html

2. RAV Unemployment Compensation: as an unemployed job-seeker, you might be eligible for RAV unemployment compensation. So long as you are placeable (vermittelbar), your pregnancy does not normally play a role.

3. Maternity Benefit: after the birth your child, the maternity benefit can be paid directly to you (rather than through your former employer). See this brochure (English):

https://www.ahv-iv.ch/p/6.02.e

As a next step, you might consider discuss ing your situation with your local RAV office. They should be able to point you in the right direction.
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Old 20.06.2019, 16:07
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Re: Employer closing company whilst pregnant

Thank you so much, Mullhollander!
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