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Old 21.04.2017, 10:18
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Bankruptcy - getting the unemployment money retrospectively

Hi all,

My employer (small startup) will most likely file a bankruptcy. Therefore I have been given termination letter stating that the employment ended 28th of February. That's last time I have got a salary.

There has been hopes that we can avoid bankruptcy and can restart the work. Therefore I have voluntarily helped the company to survive knowing that if we success, I will get my money afterwards, but if we don't, I lose a few months of salary.

Now I am thinking what is the best timing for me to go in unemployment office. I am now visiting my home country and thinking to return to Switzerland 9th of May. If I go in unemployment office 9th of May, do you guys think that I can get the unemployment money also from March and April? Can I get unemployment money retrospectively?

Thanks for your help!
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Old 21.04.2017, 10:48
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Re: Bankruptcy - getting the unemployment money retrospectively

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Now I am thinking what is the best timing for me to go in unemployment office.
28 February.
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Old 21.04.2017, 10:55
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Re: Bankruptcy - getting the unemployment money retrospectively

As I see it, you were terminated on 28 February 2017. The normal procedure is to apply for unemployment compensation by contacting your local RAV office as soon as you receive notice of your employment termination. You should contact RAV without delay.

In the event that it is determined that you are eligible for unpaid wages for March and April, following your official termination, you would need to:
1) Send a registered letter to your employer requesting that they pay your unpaid wages.
2) If the employer does not act, then you need to file a Betreibung at the local Betreibungsamt against your employer for the unpaid wages.
3) If that does not cause payment due to the company's insolvency, then you would complete this form:

http://www.treffpunkt-arbeit.ch/date...usfuellbar.pdf

Also see this brochure for details of the procedures:

http://www.treffpunkt-arbeit.ch/date...D_2011_web.pdf
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Old 21.04.2017, 11:02
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Re: Bankruptcy - getting the unemployment money retrospectively

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If I go in unemployment office 9th of May, do you guys think that I can get the unemployment money also from March and April? Can I get unemployment money retrospectively?
No. At the moment you know you'll not get money, you need to hit the RAV. Ideally 3-4 weeks before the payment stops so that you don't have a gap. I cannot imagine them paying you out retrospectively, especially since you probably did not search for a new job (and can document that search) during those months...
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Old 21.04.2017, 11:14
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Re: Bankruptcy - getting the unemployment money retrospectively

You can write back to your employer and say that you cannot terminate on 28 February as you have a notice period of X months. Assuming you got the letter today, and you have 3 months notice, that means that you earliest termination date is end of July (assuming valid termination only at end of a month).

So then you are owed about 3 months wages from your employer. You can apply for jobs now and then RAV will hopefully start paying out from 1 August.

This is assuming you didn't do something stupid like sign a document saying you received and acknowledged the termination on a date where the notice period is met. In which case, see my earlier post.
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Old 21.04.2017, 11:21
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Re: Bankruptcy - getting the unemployment money retrospectively

3 months of salary is always insured in CH along with AHV & pension payments. You will get the money eventually even if the company has no money.
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Old 21.04.2017, 11:44
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Re: Bankruptcy - getting the unemployment money retrospectively

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3 months of salary is always insured in CH along with AHV & pension payments. You will get the money eventually even if the company has no money.
Not if the OP has a been issued with a letter saying his last day and salary was for last Feb. The company records will show that and there is no way an insolvency practitioner is going to risk their practice by confirming any other date to the RAV.
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Old 21.04.2017, 12:30
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Re: Bankruptcy - getting the unemployment money retrospectively

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Not if the OP has a been issued with a letter saying his last day and salary was for last Feb. The company records will show that and there is no way an insolvency practitioner is going to risk their practice by confirming any other date to the RAV.
If notice was not given, it's irrelevant what the company wrote as a contract exists & can only be terminated by observing the notice period. It would appear the company may be falsifying paperwork to get out of an obligation that is a criminal offence in CH.
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Old 21.04.2017, 18:53
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Re: Bankruptcy - getting the unemployment money retrospectively

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If notice was not given, it's irrelevant what the company wrote as a contract exists & can only be terminated by observing the notice period. It would appear the company may be falsifying paperwork to get out of an obligation that is a criminal offence in CH.
That may well be the case. Or not.

In effect there's no way to tell because, as usual, OP isn't providing enough information. OP is telling only half the story, if even that.
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Old 22.04.2017, 01:46
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Re: Bankruptcy - getting the unemployment money retrospectively

So has the employment been terminated retroactively? Or what exactly is it that happened?
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Old 22.04.2017, 08:28
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Re: Bankruptcy - getting the unemployment money retrospectively

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If notice was not given, it's irrelevant what the company wrote as a contract exists & can only be terminated by observing the notice period. It would appear the company may be falsifying paperwork to get out of an obligation that is a criminal offence in CH.
As I understand it this is also the case. A company cannot arbitrarily tell you your last day was 28th February when you continued to work beyond this and not know, at the time, that it was your last working date.
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Old 22.04.2017, 09:30
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Re: Bankruptcy - getting the unemployment money retrospectively

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That may well be the case. Or not.

In effect there's no way to tell because, as usual, OP isn't providing enough information. OP is telling only half the story, if even that.
Because, as usual, if the OP had enough insight to know exactly which information was relevant to his or her query, the OP would probably already know the answer, too.

Sheesh. You people, sometimes.
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Old 22.04.2017, 18:31
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Re: Bankruptcy - getting the unemployment money retrospectively

@Finne I have some experience of this kind of problem here in Switzerland. Feel free to reach out via PM if you want to have a chat about your situation and options moving forward.
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Old 22.04.2017, 18:44
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Re: Bankruptcy - getting the unemployment money retrospectively

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@Finne I have some experience of this kind of problem here in Switzerland. Feel free to reach out via PM if you want to have a chat about your situation and options moving forward.
@lewibrfc,
for the benefit of the rest of us, could you please tell us what happened, in your case? Even if, to protect yourself, in an abstracted form? Thanks.
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Old 22.04.2017, 19:42
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Re: Bankruptcy - getting the unemployment money retrospectively

@doropfiz,
Having founded a company here in Switzerland there were a couple of times in the first year where we came close to having to shut things down. Luckily we pulled through and came out stronger, but we came close enough to warrant us taking a *very* in depth look at exactly what obligations we had regarding our employees in case of bankruptcy and how it would play out for them (not wanting to make a difficult situation worse for anyone who'd placed their trust in us).

I also have friends who worked at startups which weren't so lucky and have some interesting stories to tell.

Without going into to much detail (you can't really generalise with this kind of thing, as it depends so much on the unique circumstances), as long as you don't sign a contract waiving your notice period/future wages, you'll be paid out via the state even if your employer has $0 left in the bank.

Again, *don't* agree to shorten your notice period or not take wages - this is frowned on by the RAV and you will be penalised by losing out on up to a few months' unemployment benefit.
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