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Old 05.02.2019, 18:51
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RAV Dismissal versus Mutual Termination Clause

I have been informed last week that the company I have been with for more than five years wants to get rid of me because of a restructuring. "Generously" they offered me to do a Mutual Termination Clause as opposed to a dismissal.


From what I have read on the forum it might help with a potential future employer but it could lead to big problems with RAV. Does anyone have experience with this? I live in Thalwil (Canton Zürich) and my local RAV is also in Thalwil.
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Old 05.02.2019, 19:10
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Re: RAV Dismissal versus Mutual Termination Clause

Hello,

If it is due to restructuring, there is no point to hide it. The market and recruiters understand this that this is not a performance issue or unprofessional reasons.

But yes RAV will question if they see different reasons in the terminational letter and in the application. And there will a cut in the first salary due to this. Though I don't think it will be material.

Hope this clarifies a bit. I don't think there is an easy link to access a documentation without the complexity of legislative wording.
Good luck
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Old 05.02.2019, 19:44
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Re: RAV Dismissal versus Mutual Termination Clause

RAV/ ALV/ Kasse is to review whether a termination by mutual agreement is caused by the employer or the employee but is generally to accept that it was initiated by the employer. See 1.D at this link (German):

https://www.koordination.ch/fileadmi...-d/ale_d59.pdf

At the time a job-seeker applies for unemployment compensation, the job-seeker completes an application form and the employer submits an employer's certificate to RAV/ Kasse. Regarding who initiated the termination, see questions 18 and 20 on the Application for Unemployment Compensation, post 4 at this link. Also sees similar questions 10 and 13 on the Employer's Certificate, post 7:

https://www.englishforum.ch/employme...ranslated.html

For an overview of RAV and unemployment compensation, see this brochure "Essential Information for RAV Clients":

https://www.awa.sg.ch/home/arbeitslo...8_englisch.pdf

For more information, take these two on-line courses, which are required. Be sure to print the certificate at the end of each course and sign it:

https://awa.zh.ch/internet/volkswirt.../englisch.html

As mentioned by FMF in your other thread, begin the search for a new job as soon as you learn of the termination. RAV/ Kasse looks backs three months and expects a minimum 10-12 applications per month.

Good luck with your job search!
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Old 06.02.2019, 08:04
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Re: RAV Dismissal versus Mutual Termination Clause

I was offered the same thing when I was fired last year. Called my Rechtsschutz insurance, they told me to never accept this. It will cost you RAV money and there is no real disadvantage from being fired. The company is not allowed to give you a bad Zeugnis (reference), and you can insist that for the reason you were let go it mentions that it was due to restructuring / headcount reduction.
The other side of the coin, quitting yourself can make companies question how reliable of an employee you are and whether or not you're going to quit their company in the future too...
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Last edited by BasP72; 06.02.2019 at 09:10.
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Old 06.02.2019, 08:27
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Re: RAV Dismissal versus Mutual Termination Clause

It depends totally on the conditions of the mutual termination clause. With RAV, there are no advantages (IMO) of mutual termination. If however, the company sweetens your departure that is another matter. Companies work on the principle that some employees prefer, psychologically or out of fear of how it looks on a cv, to have been fired or made redundant - in todays employment climate that is all less relevant
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