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Old 22.07.2019, 21:49
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Compensation for post-employment restrictive covenants and chomage

I just got sacked. In my contract of employment, there is a clause which prohibits me from working in the same industry for 12 months after the end of the contract.

According to the contract, I am entitled to half of my salary during this period as compensation for my compliance. My question is, how would these payments interact with the chomage? Would they be wholly or partially deducted from the amount the RAV would pay me? Would I be considered employed, unemployed, part-time employed?

I would be grateful if anyone could point me to a reliable source to read up on this! Many thanks in advance!
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Old 22.07.2019, 23:04
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Re: Compensation for post-employment restrictive covenants and chomage

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i just got sacked. In my contract of employment, there is a clause which prohibits me from working in the same industry for 12 months after the end of the contract.

According to the contract, i am entitled to half of my salary during this period as compensation for my compliance. My question is, how would these payments interact with the chomage? Would they be wholly or partially deducted from the amount the rav would pay me? Would i be considered employed, unemployed, part-time employed?

I would be grateful if anyone could point me to a reliable source to read up on this! Many thanks in advance!



rav
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Old 22.07.2019, 23:08
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Re: Compensation for post-employment restrictive covenants and chomage

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I just got sacked. In my contract of employment, there is a clause which prohibits me from working in the same industry for 12 months after the end of the contract.

According to the contract, I am entitled to half of my salary during this period as compensation for my compliance. My question is, how would these payments interact with the chomage? Would they be wholly or partially deducted from the amount the RAV would pay me? Would I be considered employed, unemployed, part-time employed?

I would be grateful if anyone could point me to a reliable source to read up on this! Many thanks in advance!
I suspect you will get 70/80% of your loss of earnings within the max limits of insurance cover. Same as being reduced to 50% working.
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Old 22.07.2019, 23:36
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Re: Compensation for post-employment restrictive covenants and chomage

If the income was 400, and now it is 200, then yes, it makes sense that the unemployment compensation will be 70% or 80% of the 200 loss.

Fatmanfilms, when you said this situation is the "same as being reduced to 50% working", did you mean it merely arithmetically, as above? If so, yes, I agree.

However, I think that OP's status is 100% unemployed. As such, could the RAV require of him/her to look for 100% work, rather than being allowed to look for only a half-time job?
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Old 23.07.2019, 08:16
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Re: Compensation for post-employment restrictive covenants and chomage

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If the income was 400, and now it is 200, then yes, it makes sense that the unemployment compensation will be 70% or 80% of the 200 loss.

Fatmanfilms, when you said this situation is the "same as being reduced to 50% working", did you mean it merely arithmetically, as above? If so, yes, I agree.

However, I think that OP's status is 100% unemployed. As such, could the RAV require of him/her to look for 100% work, rather than being allowed to look for only a half-time job?
RAV talk about %ages but actually translate back to money. When I did short term contracts I would be considered 100% employed if I worked 6 days as the RAV had nothing to pay that month. I also got additional rahemnfrists based on that.

As there would be no payout if the OP got a 30% job in money terms they will not care what he does if it means they don't have to pay out. It's a legal requirement to take any work offered ........
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Old 23.07.2019, 08:26
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Re: Compensation for post-employment restrictive covenants and chomage

Does this apply to you?



From beobachter
Quote:
Immerhin: In einzelnen Konstellationen ist der Fall klar (siehe unten «Wann gilt ein Konkurrenzverbot nicht»). Insbesondere ist das Konkurrenzverbot dann hinfällig, wenn dem Arbeitnehmer unverschuldet gekündigt wird – etwa bei einem Stellenabbau aus wirtschaftlichen Gründen. Nichtig ist das Verbot auch, wenn der Angestellte aus einem Grund kündigt, den der Arbeitgeber zu verantworten hat. Dieses Recht zu kündigen kam etwa in folgendem Fall zum Zug: Nach zehnjähriger Betriebszugehörigkeit wurde einem Mann das Einzelbüro weggenommen, er musste sich neu einer als schikanös empfundenen Absenzenkontrolle unterziehen – und schliesslich wurde ihm aus nicht überprüfbaren Gründen eine Prämie verweigert. Damit sei das Konkurrenzverbot hinfällig geworden, entschied das Zürcher Arbeitsgericht.

https://www.beobachter.ch/arbeit/arb...-job-gefesselt
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